SUBRATA DEBNATH Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-3-37
HIGH COURT TRIPURA
Decided on March 19,2021

SUBRATA DEBNATH Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) Petitioner has challenged an order dated 13.07.2018 passed by the Director of Secondary Education, operative portion of which reads as under: 'It is therefore, ordered that the period of absence w.e.f. 24-08-2017 to 09-01-2018 (i.e., 139 days) is hereby by treated as DIES NON for all purposes (i.e., Pension, leave, increment etc). This will not however, entail forfeiture of his past service prior to 24-08-2017. Sri Subrata Debnath, G/T is further cautioned not to repeat such practice in future and he has to apply for leave to the competent authority properly and get it sanctioned before enjoying the same in future.'
(2.) Briefly stated the facts are that at the relevant time, the petitioner was working as a Graduate Teacher in Government school. By an order dated 10.08.2017 passed by the Director of Elementary Education, he was transferred from Subhasnagar H.S. School, Sadar, West Tripura to Dakshin Bejimara S.B. School under Sonamura Sub-Division. He gave leave report but did not join the place of transfer. Instead he made a representation to the authorities on 16.11.2017 in which in addition to raising grounds of personal hardships, he also contended that the Director of Elementary Education was not the authority competent to transfer him. On 09.01.2018, Director of Secondary Education issued an order modifying the transfer of the petitioner to Debipur H.S. School, Bishalgarh. The petitioner promptly reported at the new place of posting.
(3.) However, since the petitioner had not reported for duty at Dakshin Bejimara S.B. School, the authorities issued a show cause notice on 17.03.2018 why the period between 24.08.2017 to 09.01.2018 consisting of 139 days should not be treated as 'Dies Non' for all purposes and also why disciplinary action should not be initiated against him. The petitioner replied to the show cause notice requesting that the proceedings be dropped. He stated that he was unwell and his leave may be sanctioned.;


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