Sri Pintu Das vs Sri Jitendra Kumar Sinha & Others
2025 Latest Caselaw 919 Tri

Tripura High Court

Sri Pintu Das vs Sri Jitendra Kumar Sinha & Others on 8 April, 2025

                                   Page 1 of 2




                        HIGH COURT OF TRIPURA
                              AGARTALA
                           Cont.Cas(C) No.31/2025
Sri Pintu Das
                                                            ......... Petitioner(s).
                                VERSUS
Sri Jitendra Kumar Sinha & others
                                                           .........Respondent(s).

For Petitioner(s) : Mr. Sankar Lodh, Advocate, Mr. Subham Majumder, Advocate.

For Respondent(s) : Mr. Kohinoor Narayan Bhattacharyya, G.A.

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

Order 08/04/2025

The instant contempt petition has been filed with a grievance that

the disciplinary authority has not allowed full salary and allowances to the

petitioner in terms of the directions passed by the learned Writ Court in WP(C)

No.835 of 2021 vide judgment dated 07.01.2023. The judgment of the learned

Writ Court was challenged in W.A. No.108 of 2023 wherein this Court

interfered with the decision of the learned Writ Court and remitted the matter to

the disciplinary authority to pass a fresh order on the quantum of penalty to be

imposed upon the writ petitioner for the established charge within a stipulated

period.

Mr. Sankar Lodh, learned counsel for the petitioner, submits that

by order dated 18.07.2024 the disciplinary authority again imposed the

punishment of withholding of 3(three) increments with cumulative effect and

recovery of Rs.21,600/- from the petitioner. The appeal preferred against that

was dismissed by order dated 01.10.2024. Thereafter, the order was made

subject matter of challenge in WP(C) No.677 of 2024. By judgment dated

09.01.2025, the learned Writ Court has modified the penalty and substituted it

with the penalty of withholding of one increment with cumulative effect as

equitious and proportionate. It is further made clear that any amount recovered

beyond one increment from the salary of the petitioner must be refunded within

a stipulated period.

It is obvious from the aforesaid narration of events that much

water has flown down after passing of the judgment dated 02.04.2024 by this

Court in W.A. No.108 of 2023.

The petitioner, however, has again canvassed that no decision on

the question of salary and allowances has been taken. Reference is made to

Rule 54-B of the Fundamental Rules.

Mr. Kohinoor Narayan Bhattacharyya, learned Government

Advocate, submits that a writ appeal is going to be filed against the judgment

dated 09.01.2025 passed in WP(C) No.677 of 2024. He would file an affidavit

whether any decision has been taken on the issue of salary and allowances of

the petitioner.

Accordingly, list the matter after 4(four) weeks.

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

Pulak

PULAK BANIK Date: 2025.04.09 17:32:00 +05'30'