RAJKUMAR TRIPURA Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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Akil Kureshi,J. -
(1.) Petitioner has challenged an order dated 16th July 2019, passed by the disciplinary authority and further order dated 13th March 2020, passed by the appellate authority by which the said authority granted partial relief to the petitioner against the order of disciplinary authority.
(2.) Brief facts are as under :
The petitioner was visited with a charge sheet dated 10th July, 2014 for holding an inquiry under Rule 14 of Central Civil Service (Classification, Control and Appeal) Rules CCS(CCA) Rules as adopted by the State of Tripura. The charge sheet contained only one Article of Charge, namely that the petitioner who was a Tripura Forest Service, Grade - II Officer while working as Wildlife Warden, Trishna Wild Life Sanctuary, had committed financial irregularities by making adjustment of expenditure without carrying out execution of work properly. He had thereby committed misconduct and violated Rule 3 of Tripura Civil Services(Conduct) Rules, 1988. It was pointed out that during the petitioner's tenure three separate works of construction and maintenance were awarded at the said wildlife sanctuary. It was alleged that in one such contract work worth only Rs.1,43,000/- lakhs (rounded off) was executed whereas bill amount sanctioned was for Rs.2,17,000/-. In another contract, no work was executed despite which payments of Rs.1,44,000/- were made and in the third contract, there was improper adjustment of Rs.38,250/- towards cost of watering and weeding which was not done.
(3.) A detailed inquiry was conducted upon completion of which the inquiry officer submitted his report dated 15th May, 2018. He held that the charge was proved. Copy of the inquiry officer's report was supplied to the petitioner and allowed to make representation which he did. The disciplinary authority after considering the report of the inquiry officer, other materials on record and the representation of the petitioner, passed an order on 17th July, 2019 in which he ordered recovery of sum of Rs.2,55,508/- and further imposed the punishment of withholding of the increment for a period of two years without cumulative effect. The petitioner challenged the order of disciplinary authority before the appellate authority. The appellate authority by the order dated 13th March 2020 modified the punishment by reducing the recovery amount up to Rs.38,250/- and the period for withholding of the increment to one year without future effect. These orders, the petitioner has challenged in the present petition.;
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