NARENDRA DEBBARMA Vs. STATE OF TRIPURA
LAWS(TRIP)-2017-1-12
HIGH COURT TRIPURA
Decided on January 10,2017

NARENDRA DEBBARMA Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

S.C.DAS,J. - (1.) The petitioner while was working as a Forester in the Tirthamukh Range of Gomati Forest Division, Jatanbari, was placed under suspension by an order dated 25.08.2007, contemplating a disciplinary proceeding against him and the suspension order was revoked by an order dated 07.01.2008 w.e.f. 31.8.07. He retired from service on 31.08.2007 on his attaining the age of superannuation. The Forest Department of the Government of Tripura, vide Memo No.F.19(686)/VIG/For-07/9551-54, dated 25.07.2009 (Annexure-6 to the writ petition), signed by the Joint Secretary, Government of Tripura, by order of the Governor, a disciplinary proceeding was drawn up against the petitioner on the following Article of Charges:- "Statement of Articles of Charge Framed against Shri Narendra Deb Barma, Forester (Now Retd.) of Forest Department, Government of Tripura. Article-I That the said Sri Narendra Debbarma, Forester (now Retd) while functioning as Beat Officer, Dyke-IV under Tirthamukh Range under Gumti Forest Division, Jatanbari willfully neglected his duty by not doing the Government works properly as assigned to him in accordance with the norms/orders of Forest department and general financial rule thus, acted in manner most unbecoming of a Government Servant and to the severe detriment to Government interest by misappropriation and defalcation of Government money to the tune of Rs.3,72,375/-. Thus, Sri Narendra Debbarma, Forester (now Retd) is charged for lack of integrity and serious misconduct. Article-II That the said Sri Narendra Debbarma, Forester (now Retd) while functioning as Beat Officer, Dyke-IV under Tirthamukh Range under Gumti Forest Division, Jatanbari, willfully neglected his duties, and did not carry out plantation and forestry related works as entrusted to him as per specifications and norms. Sri Nare-ndra Debbarma, Fr.(now Retd) acted in a manner most unbecoming of a Government servant and to the severe detriment to Government interest. , Thus, Sri Narendra Debbarma, Forester (now Retd), is charged for lack of devotion to Government duties and for serious negligence. Sd/- Principal Chief Conservator of Forest, Tripura, Agartala."
(2.) It is evident from the Memo dated 25.07.2009 that the proceeding was initiated after having sanction of the Governor under Rule 9 of CCS (Pension) Rules, as amended, and, it was directed that the Chief Conservator of Forest shall initiate/conduct the inquiry against the petitioner on those charges.
(3.) The Principal Chief Conservator of Forest (respondent No.3) appointed/entrusted respondent No.6, the Conservator of Forest, to inquire into the charges and accordingly, the respondent No.6 conducted inquiry and submitted report to the Government of Tripura vide report dated 30.04.2010 (Annexure-14 to the writ petition).;


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