BIJAY MANIK DEBBARMA Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
Bijay Manik Debbarma
STATE OF TRIPURA
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S. Talapatra -
(1.)Heard Mr. R. Datta, learned counsel appearing for the petitioner as well as Mr. N. Chowdhury, learned G.A. appearing for the respondents No.1, 2, 3, 6, 7 and 8 and Ms. R. Purkayastha, learned counsel appearing for the respondents No.4, 5 and 9.
(2.)In short, the grievance of the petitioner is that he was initially appointed as a clerk in the Group-C category under the official respondents on 10/6/1999. The petitioner had been serving in that post for more than twelve years to the entire satisfaction of the authority. While he was posted at Bardowali Electrical Sub-Division No.III, he was served with the memorandum of charge dtd. 14/2/2014 under Rule 14 of the CCS(CCA) Rules, 1965 wherein it has been alleged that the petitioner had defalcated an amount of Rs.12,83,796.00 by making false entries in the cash book etc. during the period from 3/10/2012 to 9/10/2012.
(3.)The petitioner has, by submitting the written statement of defence on 14/3/2014, denied the charges and stated that the charges are unsustainable being false. The petitioner had by a letter dtd. 17/12/2015, requested the inquiry authority for furnishing some additional documents to the petitioner. The inquiry authority had by an order dtd. 17/12/2015, fixed the date on 19/1/2016, for production of those documents for purpose of supplying those to the petitioner. In the order dtd. 19/1/2016, ten documents were referred for production as the additional documents. Further, the communication was made to the presenting officer to supply the copies of those additional documents to the petitioner. The inquiry officer had by a letter dtd. 19/1/2016 requested the Deputy General Manager, Tripura State Electricity Corporation Limited (TSECL) to supply the listed documents before 3/3/2016 but the presenting officer did not supply the catalogued documents to the petitioner. The petitioner had filed his statement of defence on 1/3/2018.
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