The State Of Tripura & Ors vs Sri Goutam Saha
2024 Latest Caselaw 1046 Tri

Tripura High Court

The State Of Tripura & Ors vs Sri Goutam Saha on 2 July, 2024

                        HIGH COURT OF TRIPURA
                              AGARTALA
                    I.A. No.02 of 2024 in W.A. No.39 of 2024
                               W.A. No.39 of 2024

The State of Tripura & Ors.
                                                        ...... Appellant(s)
                              VERSUS
Sri Goutam Saha
                                                      ...... Respondent(s)

For Appellant(s)         :      Mr. D. Sharma, Addl. GA
For Respondent(s)        :      Mr. A. Bhowmik, Adv.
                                Mr. S. Dey, Adv.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S.D. PURKAYASTHA

_O_R_D_E_R_

02.07.2024 We have considered the submission of the learned counsel for the

appellants-State and the writ petitioner-respondent on the prayer for

condonation of delay of 155 days.

The learned counsel for the writ petitioner-respondent submits on

instructions that the writ petitioner-respondent though had pressed the

challenge to the order of penalty imposed by the appellate authority i.e.

compulsory retirement from service before the Writ Court but the writ

petitioner-respondent is now satisfied with the punishment. He, therefore, does

not intend to press the writ petition. As such, the instant appeal may be

disposed of as writ petitioner-respondent does not have any objection to the

condonation of delay as well.

In view of such submission made by learned counsel for the writ

petitioner-respondent, learned counsel for the State does not press the writ

appeal as the writ petitioner-respondent has acceded to abide by the penalty of

compulsory retirement imposed by the Appellate Authority. The delay in

preferring the appeal is therefore condoned. Writ petition is dismissed as not

pressed. The impugned judgment is therefore set aside.

Writ Appeal is disposed of in view of the aforesaid circumstances.

Pending application(s), if any, also stand disposed of.

(S.D PURKAYASTHA), J (APARESH KUMAR SINGH), CJ

SUJAY GHOSH Digitally signed by SUJAY GHOSH Date: 2024.07.04 11:41:46 +05'30'

Sujay