Decided on April 12,2021

Tamal Debbarma Appellant


Akil Kureshi,J. - (1.) This appeal is filed by the original petitioner to challenge the judgment of the learned Single Judge dated 06.03.2020 passed in WP(C) No.444 of 2015.
(2.) Brief facts are as under: Petitioner was appointed under an order dated 30.12.2011as Computer Operator on contractual engagement under MGNREGA scheme which was done after following selection process. The petitioner continued to discharge his assigned duties for a few years after his initial engagement. On 12.06.2015 the District Programme Coordinator of MGNREGA issued a show-cause notice to the petitioner alleging that when the petitioner was discharging his duties as a Computer Operator under Block Development Officer, Hezamara R.D. Block he failed to prevent generation of 44 forged or fake electronic fund transfer orders when no physical work in relation to such payments had been undertaken. As a Computer Operator it was the duty of the petitioner to prevent any such illegalities and to inform the Programme Officer about generation of such fake or forged fund transfer orders which the petitioner failed in doing, as a result of which amounts were paid over in violation of the MGNREGA guidelines. The show-cause notice also recorded that the case of the petitioner was referred to the R.D. Department of the Government of Tripura and it was decided to terminate his service. He was, therefore, called upon to state as under: 'NOW THEREFORE, Sri Tamal Debbarma, contractual Computer Operator under MGNREGA Scheme of the o/o the BDO (Programme Officer-MGNREGA), Hezamara R.D. Block now posted at the O/O the District Programme Coordinator-MGNREGA (DM and Collector) West Tripura District; is hereby directed to submit reply to this show cause notice within seven days from the date of receipt of this letter as to why his contractual services under MGNREGA should not be terminated for failure to do his duty with dignity and as per the guidelines of MGNREGA. His reply must reach this office within seven days otherwise ex-parte action shall be taken against him.'
(3.) The petitioner filed reply to the said show-cause notice under communication dated 22.06.2015 in which he claimed innocence. He contended that he was not provided the Fund Transfer Order or Digital Signature Certificate for fund transfer allotment. In absence of providing such details to the petitioner, his involvement cannot be established.;

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