MD. MASADDAR ALI Vs. THE STATE OF TRIPURA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF TRIPURA, THE SECRETARY TO THE GOVERNMENT OF TRIPURA, EDUCATION (SCHOOL EDUCATION) DEPARTMENT AND THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF TRIPURA

JUDGEMENT

(1.) HEARD learned counsel, Mr. B. Banerjee for the petitioner and learned State counsel, Mr. D.C. Nath for the respondents. Under Memo No. F. 4(1 -2833) -DSE/98 of the Directorate of the School Education, Government of Tripura dated 11 February, 2000, a disciplinary proceeding for gross misconduct was drawn up against the petitioner and another Sunil Chandra Das on the following Article of Charge: -

(2.) THE statement of imputation of misconduct/misbehavior was annexed as Annexure -II to the Memo dated 11.02.2000 and the list of documents and list of witnesses were annexed as Annexure -III and Annexure -IV to the said Memo.

(3.) IT is submitted by Mr. Banerjee, learned counsel for the petitioner that on mere assumption and presumption, the inquiring authority mechanically submitted a report observing that the charge framed against the petitioner has been proved and taking note of that superficial inquiry report, the disciplinary authority inflicted punishment reducing the petitioner to a lower grade which has been maintained by the Appellate Authority also mechanically without considering the merit of the case. The evidence is scanty to arrive at a conclusion of guilt of the petitioner and hence, it should be interfered and set aside.