SUKHEN CH. DAS Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-1-36
HIGH COURT TRIPURA
Decided on January 21,2021

Sukhen Ch. Das Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) Petitioner has prayed for quashing and setting aside a memorandum dated 19.03.2015 under which the department has issued a charge-sheet to the petitioner levelling certain allegations of misconduct. The petitioner has also prayed for a direction to the respondents to release the benefits of the pay revision to the petitioner which have been withheld on account of the said pending departmental inquiry.
(2.) The petitioner joined as an Assistant Professor, Horticulture, College of Agriculture under the Department of Agriculture, Government of Tripura. He subsequently obtained a Doctorate degree from Tamilnadu Agriculture University. He had also undertaken Agricultural Research in the year 2012. The petitioner had applied for leave and permission to leave the station headquarter to attend a National Conference on Adaptation to Climate Change for Sustainable Production of Bananas which was to be held at Jalgaon, Maharastra between 7th to 10th April, 2012. It appears that for shortage of time the petitioner proceeded to attend the said conference without waiting for and perhaps in anticipation of the competent authority granting him necessary leave and permission to leave the headquarters. According to the petitioner during such time he did not have to attend the academic sessions.
(3.) On 19.03.2015, the department had issued the above noted charge-sheet in which following charges were levelled against the petitioner: 'Article-I That the said Dr. Sukhen Ch. Das while functioning as Asstt. Professor (Horti.), College of Agriculture, Tripura, Lembucherra during the financial year 2011-12 and 2012-13 failed to maintain absolute integrity and devotion to duty and acted in a manner unbecoming of Government servants in so far as examination result sheet of the students has not maintained as per University Guide line and Rules without knowledge of the authority which is gross violation of Official decorum and procedures. The above act of Dr. Sukhen Ch. Das, Asstt. Professor (Horti.), College of Agriculture, Tripura, Lembucherra had been act of gross misconduct quite unbecoming of Government Servant and thus he violated Rule-3 of Tripura Civil Service (Conduct) Rules, 1988. Article-II That the said Dr. Sukhen Ch. Das while functioning as Asstt. Professor (Horti.), College of Agriculture, Tripura, Lembucherra during the financial year 2011-12 and 2012-13 failed to maintain absolute integrity and devotion to duty and acted in a manner unbecoming of Government servants in so far as he was mis-handling of Laboratory produced process of food products etc. which is gross violation of Official decorum and procedures. The above act of Dr. Sukhen Ch. Das, Asstt. Professor (Horti.), College of Agriculture, Tripura, Lembucherra had been act of gross misconduct quite unbecoming of Government Servant and thus he violated Rule-3 of Tripura Civil Service (Conduct) Rules, 1988. Article-III That the said Dr. Sukhen Ch. Das while functioning as Asstt. Professor (Horti.), College of Agriculture, Tripura, Lembucherra during the financial year 2012-13 failed to maintain absolute integrity and devotion to duty and acted in a manner unbecoming of Government servants in so far as submission of project proposal to the other institutes without knowledge of Principal, College of Agriculture, Tripura, Lembucherra which is gross violation of Official decorum and procedures. The above act of Dr. Sukhen Ch. Das, Asstt. Professor (Horti.), College of Agriculture, Tripura, Lembucherra had been act of gross misconduct quite unbecoming of Government Servants and thus, he violated Rule-3 of Tripura Civil Service (Conduct) Rules, 1988. Article-IV That the said Dr. Sukhen Ch. Das while functioning as Asstt. Professor (Horti.), College of Agriculture, Tripura, Lembucherra during the financial year 2012-13 failed to maintain absolute integrity and devotion to duty and acted in a manner unbecoming of Government servants in so far as he attended in different workshops/seminars without approval of the authority even without knowledge of the authority which is gross violation of Official decorum and procedures. The above act of Dr. Sukhen Ch. Das, Asstt. Professor (Horti.), College of Agriculture, Tripura, Lembucherra had been act of gross misconduct quite unbecoming of Government Servant and thus he violated Rule-3 of Tripura Civil Service (Conduct) Rules, 1988. Article-V That the said Dr. Sukhen Ch. Das while functioning as Asstt. Professor (Horti.), College of Agriculture, Tripura, Lembucherra during the financial year 2012-13 failed to maintain absolute integrity and devotion to duty and acted in a manner unbecoming of Government servants in so far as he availed casual leave and leaving the state without approval of the authority which is gross violation of Official decorum and procedures. The above act of Dr. Sukhen Ch. Das, Asstt. Professor (Horti.), College of Agriculture, Tripura, Lembucherra had been an act of gross misconduct quite unbecoming of Government Servant and thus, he violated Rule-3 of Tripura Civil Service (Conduct) Rules, 1988.' ;


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