NAYAN DAS Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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Akil Kureshi,J. -
(1.) Petitioner has challenged an order dated 25.09.2017 passed by the disciplinary authority imposing punishment of recovery of a sum of Rs.3,85,494/- in installments and withholding of one increment without future effect which order was upheld by the appellate authority by order dated 04.01.2018.
(2.) Briefly stated, the facts are as under:
At the relevant time the petitioner was working as a Food Inspector and was posted as a Godown In-charge of Rajnagar Government Godown under Belonia Sub-Division. During the period of 15.12.2004 to 21.09.2007 as part of his duties he was entrusted the task of maintaining the stock of the rice and to make proper entries concerning the books of accounts. On the ground that he had not maintained the books and other records properly as required under rules and through such activities he had misappropriated 40578.35 kgs. of rice valuing at Rs.3,85,494/-, a chargesheet dated 26.02.2009 was issued to him. During the course of inquiry the petitioner filed an application dated 31.07.2009 before the inquiry officer and requested that the following documents be supplied to him to enable him to defend the charges:
'List of documents:
1. Copy of Govt. Instruction or guide line regarding procedure for maintenance of Bin Card Register and Bin Card.
2. All the stock Book of Rajnagar Food Godown for the period from 15.12.04 to 21.9.07.
3. Delivery order against which the items of commodities delivered from the Godown during the period from 15.12.04 to 21.9.07.
4. Weightment Tally Book of Rajnagar Govt. Food Godown during the period of Inspection/Physical verification.
5. Inspection Report/Physical verification Report of Rajnagar Food Godown for the period from 15.12.04 to 20.1.06 by Shri Ashim Saha, Deputy Collector, Belonia.
6. Inspector/physical verification Report of Rajnagar Food Godown with copy of SAVs for the period from 21.01.06 to 24.8.07 by Shri U.R. Debbarma, Deputy Collector and Magistrate, Belonia.
7. Charge list of Rajnagar Govt. Food Godown regarding handing over and taking over of charge between A.O. Shri Nayan Das, A.O. and Shri Rajat Acharjee, Store Keeper.
Kindly pass an order so that A.O. may inspect the documents and obtain copies of the same for his defence.
Sl.-1, 5 and 6 are at Directorate of Food, Civil Supplies and Consumer Affairs, Agartala.
Sl. 2 and 4 at Rajnagar Food Godown, Sl. 3 and 7 at office of the Deputy Collector and Magistrate, Rajnagar Revenue Circle (Food Section), Belonia.'
(3.) While the inquiry officer did not supply these documents, the petitioner moved WP(C) No.143 of 2013 which was disposed of by an order dated 06.06.2013 with following directions:
'Considering the entire facts and circumstances, the instant writ petition is disposed of with a direction to the respondent no.2 for completing the disciplinary proceeding being case no.153/Inq/Food/09 within a period of six months after providing the certified copies of the additional documents, as sought for by the petitioner.' ;
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