Tripura High Court
Sri Jayanta Debbarma vs The State Of Tripura And Ors on 11 January, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) NO.382 OF 2022
Sri Jayanta Debbarma
............... Petitioner
Vs.
The State of Tripura and ors.
............... Respondent(s)
For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate.
Mr. Koomar Chakraborty, Advocate.
Ms. A. Debbarma, Advocate.
For the Respondent(s) : Mr. D. Sharma, Addl. G.A.
Date of hearing and delivery of
Judgment & Order : 11.01.2024
Whether fit for reporting : NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
JUDGMENT AND ORDER(ORAL)
This present writ petition has been filed under Article 226
of the Constitution of India seeking the following reliefs:-
"i. Issue Rule upon the Respondents to show cause as
to why a writ in the nature of Mandamus and/or order/orders and/or
direction/directions of like nature shall not be issued whereby quashing
and cancelling the Memorandum dated 07.01.2022 issued by the Principal
Secretary to the Government of Tripura(Disciplinary Authority) GA(AR)
Department.
ii. Issue Rule upon the Respondents to show cause as
to why a writ in the nature of Mandamus and/or order/orders and/or
direction/directions of like nature shall not be issued, whereby quashing
and cancelling the Order dated 29.03.2022, issued by the Chief
Secretary, Appellate Authority, GA(AR) Dept.
iii. Make the Rules absolute.
iv. Cal for records.
Pass any further order/orders as the Hon'ble High
Court considered fit and proper."
2. Heard Mr. P. Roy Barman, learned Sr. counsel assisted by
Mr. Koomar Chakraborty, learned counsel, and Ms. A. Debbarma,
learned counsel appearing for the petitioner as well as Mr. D. Sharma,
learned Addl. G.A. appearing for the State-respondents.
3. Mr. Roy Barman, learned counsel appearing for the
petitioner submits that the Appellate Authority passed a long order but
without application of mind. The Appellate Authority has not applied its
independent mind and has only observed that the points raised by the
appellant has been examined by the Government in the GA(AR)
Department and no new points has been found. The Appellate Authority
failed to consider the appeal in terms of the mandate of Rule 27 of the
CCS(CCA) Rule, 1965.
4. On the other hand, Mr. D. Sharma, learned Addl. G.A.,
appearing for the State-respondents agrees that the impugned order
passed by the respondent-Appellate Authority is unreasoned.
5. Heard and perused the evidence on record.
6. It is seen from the record that in the impugned order 29 th
March, 2022, the respondent-Appellate Authority has only stated that "
the above points raised by the appellant has examined in the GA(AR)
Department and no new points has been found to consider the appeal
and to interfere with the order dated 07.01.2022 of the Disciplinary
Authority". It is evident that the same has been passed without the
application of an independent mind by the Appellate Authority. He has
only relied upon the findings of the order of the Disciplinary Authority
dated 07.01.2022. However, in all fairness, both the parties have
pointed out that the impugned order passed by the respondent-
Appellate Authority is an unreasoned order and accordingly, the same
needs to be set aside and the matter needs to be remanded back.
7. In view of the same, the impugned order passed by the
respondent-Appellate Authority is set aside and the matter is remanded
back to the respondent-Appellate Authority i.e. Chief Secretary. GA(AR)
Department, Government of Tripura for adjudication of the same in
accordance with law after giving a fresh opportunity to the petitioner.
The said exercise shall be completed preferably within a period of
3(three) months from the date of receipt of this order by the
respondents. However, it is needless to observe that the petitioner
would cooperate with the said proceeding.
8. With the above observation and direction, this present writ
petition stands disposed of. Stay if any stands vacated. Pending
application(s), if any also stands closed.
JUDGE
suhanjit
RAJKUMAR Digitally signed
by RAJKUMAR
SUHANJIT SUHANJIT SINGHA
Date: 2024.01.12
SINGHA 16:40:29 +05'30'
