SHYAMAL CHANDRA DEY Vs. STATE OF TRIPURA
LAWS(TRIP)-2019-2-1
HIGH COURT TRIPURA
Decided on February 08,2019

Shyamal Chandra Dey Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

- (1.)Heard Mr. S. Chakraborty, learned counsel appearing for the petitioner. On advance notice Mr. D. C. Saha, learned counsel appears for the respondents on instruction.
(2.)This writ petition falls within a very short compass inasmuch as the petitioner has prayed for the following reliefs:
(i) to issue direction from the respondents No.2 & 3 to ensure that he can perform his duties as the Pump Operator in his place of posting i.e. the pump house of Rajib Nagar Gaon Panchayat; and

(ii) to issue direction upon the respondent No.4 to sign the work report of the petitioner treating the petitioner on duty with effect from 04.03.2018 till the date of his resuming duties and consequently, to release his salary with effect from 04.03.2018.

(3.)Mr. S. Chakraborty, learned counsel appearing for the petitioner has submitted that when the petitioner was physically obstructed by some unruly villagers. One of them had broken the lock of the machine room and operated the pump unauthorizedly. The petitioner had approached the Block Development Officer, Nalchar, R.D. Block on 09.04.2018 and reported the entire episode. But no positive action whatsoever had followed. Again the petitioner on 13.06.2018 made similar communication to the Block Development Officer, but without any positive yield. Further, the petitioner served a Lawyer's notice to the Executive Engineer, DWS, Bishalgarh and the Block Development Officer, who is the Executive Officer of Nalchar Panchayat Samiti asking them to provide the conducive atmosphere in the work place so that the petitioner can discharge his duties as the Pump Operator. In response to the said notice the Block Development Officer by the communication dated 25.09.2018 [Annexure-9 to the writ petition] has stated that the petitioner was not allowed to operate the machine since 04.03.2018. From his end, a letter was issued to the Officer-in-Charge, Melaghar Police Station under No.26(5-3A)/EO/NLC/PANCH/2018-19/1084-85 dated 15.06.2018 for taking the appropriate action.
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