ANIL KUMAR SINHA Vs. SECRETARY CUM COMMISSIONER, DEPARTMENT OF HIGHER EDUCATION
LAWS(TRIP)-2021-2-12
HIGH COURT TRIPURA
Decided on February 05,2021

ANIL KUMAR SINHA Appellant
VERSUS
Secretary Cum Commissioner, Department Of Higher Education Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) Petitioner is a retired Associate Professor of the Government College. During his service career he had faced a criminal case and a departmental inquiry, both of which prolonged for a long time and on account of which his service benefits and promotions were delayed. He has prayed for granting interest on delayed release of these monitory benefits. He also prayed for awarding compensation of Rs.80,00,000/- towards mental agony, sufferings, legal expenses and loss of opportunities.
(2.) Briefly stated the facts are that the petitioner was working as an Assistant Professor in a Government degree college, Dharmanagar when a criminal case of alleged defalcation of Government funds was filed against him before the Magisterial Court in the year 2002. This case went on till 10.12.2010 when the learned Magistrate acquitted the petitioner from the charge for offence under Section 409 of IPC.
(3.) In the meantime, the department had also independently looking into his conduct of a missing amount of Rs.39,533/- out of a larger amount of Rs.1,16,014/- with respect to which some irregularities were allegedly committed by him. Initially, a show cause notice was issued on 13.02.2001 which was followed up by a departmental chargesheet dated 31.12.2005. Upon completion of the inquiry, the Inquiry Officer submitted the report holding that the charge was partially proved. The disciplinary authority, however, passed an order dated 02.05.2013 holding that the charge was not sufficiently proved. The departmental inquiry was thus dropped. For more than a decade thus the petitioner's conduct remained under cloud. For nearly 8 years the criminal case prolonged and the departmental inquiry also remained pending, presumably on account of pendency of the criminal case based on the same set of facts. It is undisputed that after he was acquitted by the criminal court and exonerated in the departmental proceedings he was granted his due increments and promotions. His grievance however is that in the meantime he lost lot of opportunities, he had suffered great prejudice causing serious mental agony for which he should be adequately compensated.;


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