SRI PARESH CHANDRA PAL, S/O LATE UMESH CHANDRA PAL, R/O JOYNAGAR, AGARTALA, WEST TRIPURA Vs. STATE OF TRIPURA, (REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF TRIPURA), AGRICULTURE DEPARTMENT, AGARTALA, CAPITAL COMPLEX, PIN
LAWS(TRIP)-2017-1-5
HIGH COURT TRIPURA
Decided on January 12,2017

Sri Paresh Chandra Pal, S/O Late Umesh Chandra Pal, R/O Joynagar, Agartala, West Tripura Appellant
VERSUS
State Of Tripura, (Represented By The Principal Secretary To The Government Of Tripura), Agriculture Department, Agartala, Capital Complex, Pin Respondents

JUDGEMENT

S.C. Das, J. - (1.) Heard learned counsel, Mr. B.B. Das for the petitioner and learned counsel, Mr. B. Dutta for the respondents.
(2.) Respondent No.2, the Director of Agriculture, Government of Tripura, under Memo.No.F.2-2401(P)/Part-I/8911- 8914 dated 19.11.2007(Annexure-4 to the writ petition) initiated a disciplinary proceeding against the petitioner for gross misconduct on the following of charges: That the said Sri Paresh Chandra Pal, U.D.C. how posted under the disposal of V.S.P.O., Nagicherra while functioning as Cashier/In-charge Store in the office of the Dy. Project Officer(North), Ambassa during the period from 31-8-2000 to 24-1-2006 failed to maintain absolute integrity and devotion to duty and acted in a manner of un-becoming of Govt. servant in so far as Sri Pal did not maintained the Cash Book as well as Stock Register relating to purchase of different Stationary Articles etc. as per norms of the Govt. As per Departmental inquiry report of the three members Committee headed by the than Dr. Abdul Haque, Soil Survey Officer now M.D. THCL. it was detected that a defalcation and mis-appropriation of Govt. money amounting to Rs.1,47,887/-(Rupees one lakh forty seven thousand eight hundred eighty seven) only was made by Sri Paresh Chandra Pal, Cashier(U.D.C.). Thus the above act committed by Sri Paresh Chandra Pal, U.D.C.(Cashier/In-charge Store) now under suspension shown lack of absolute integrity, lack of devotion to Govt. duty and thereby he has violated of Rule 3 of T.C.S.(Conduct) Rules, 1988 and for which Sri Pal rendered himself liable for being charge sheeted for facing enquiry under Rule-14 of C.C.S.(C.C. &A), 1965 r.w. Rule-11 of the Rules ibid.
(3.) The Additional Commissioner of Departmental Inquiries, Government of Tripura was entrusted to inquire into the above charges framed against the petitioner. In course of inquiry, 5(five) witnesses were examined on behalf of the disciplinary authority(prosecution), namely-PW1, Abdul Haque, PW2 Bishurai Debbarma, PW3 Paresh Ch. Karmakar, PW4 Jogesh Biswas and PW5 Tutan Deb. During examination of the aforesaid witnesses following documents were also proved on behalf of the disciplinary authority: Exbt.S/1- One memorandum of the Director of Agriculture dated 04- 06-2006. Exbt.S/2- Inquiry report jointly submitted by Dr. Abdul Haque, Dy. Director, Agri. and two other members of the committee dated 20-9-2006. Exbt.S/3- Memorandum of the Director of Agriculture dated 20-7- 2007. Exbt.S/4- 4 nos. Bill registers for the year 2002 to 2006. Exbt.S/5- Cash book for the period from 18-6-2004 to 24-8-2005, 01-10-2002 to 17-06-2004 and 25-8-2005 to 05-04- 2006. Exbt.S/6- Cash book from 01-10-2002 to 17-6-2004. Exbt.S/7- Cash book from 25-8-2005 to 05-04-2006. Exbt.S/8- Stock Register for the year 2002 to 2006(4 nos. Register). After the evidence of the disciplinary authority was closed, the charged officer i.e. the petitioner herein(hereinafter mentioned as the petitioner) examined himself as DW1 and in support of his contention he proved one copy of a Memo. dated 03.08.2000 issued by the Deputy Project Officer(North), Ambassa marked as Exbt.D1. After recording evidence and hearing arguments of both side, the inquiring officer submitted report to the disciplinary authority holding that the charge framed against the petitioner was proved.;


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