Rabindra Debbarma vs State Of Tripura And Ors

[1] Heard Mr. A. K. Pal, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents.

[2] The grievance of the petitioner in this writ petition falls within the short compass. By means of this writ petition, the petitioner has urged this court to direct the respondents to release his actual pay and allowance along with arrears and interest thereon till the date of payment. The relevant facts as required for determination of the controversy are that against the petitioner a departmental proceeding was drawn up by the Commandant TAP 1st Bn. vide DP No.9/89 dated 19.06.1989. He was charged for gross misconduct. The petitioner was functioning as the security guard of one Guna Pada Jamatia, a CPIM candidate for Bagma Assembly Constituency. During the search at local CPIM office at Udaipur, it was found that the petitioner's government kit was kept in the said party office with 19 (nineteen) rounds of live .303 ammunitions, 03 (three) .303 empty cartridges and 01 (one) .303 bullet head.

[3] In this connection, a specific police case was registered being R.K. Pur Case No 23(2) /88 under Section 25 (IB)(a) (h) /27 of the Arms Act. The petitioner has admittedly been acquitted from the charge as framed against him on the basis of the police report. After receiving the final report in the disciplinary proceeding being DP No.9/89, the petitioner filed an appeal to the appellate authority- Deputy Inspector General of Police (DIGP) against the finding in the disciplinary authority. The disciplinary authority by the final order directed that the pay of the petitioner be brought to the minimum of the scale for a period of 2 (two) years w.e.f. the date of his next increment without cumulative effect and the period of suspension w.e.f. 15.03.1988 to 20.06.1989 be treated as on duty.

[4] In the said appeal, the appellate authority had reconsidered and observed as under:

Reduction of his pay to the minimum of his scale for a period of two years with effect from the date of issue of the Final Order of the Commandant without cumulative effect. The period of suspension shall however be treated as such and the delinquent should not be paid any thing more than what he was paid as subsistence allowance during the period. Any payment made in excess on the basis of the Final Order of the Commandant should be recovered in suitable instalments to be fixed by the Commandant.

[5] The said order of the appellate authority was taken due notice while passing the final order. The disciplinary authority has observed in the final order dated 26.08.2010 as under:

It is clear from the order of the Appellate Authority that the constable's pay was fixed at minimum of scale for the period of two years w.e.f. the date of issue of the Final Order of the Commandant, without cumulative effect. In this connection, I have checked the Service Book of the delinquent constable (now ASI) Shri Rabindra Deb Barma. It is found that after two years of punishment, his pay was to be revised by adding 3 increments w.e.f. 01.05.1991. His pay was to be fixed at Rs.1335/- w.e.f 01.05.1991, whereas, his pay was fixed at Rs.1265/- which indicates that constable (now ASI) even after undergoing given punishment has been deprived of two annual increments since 01.05.1991.

[6] Mr. Pal, learned counsel appearing for the petitioner has submitted that despite the representations, the respondents did not release the withheld two annual increments which were withheld without cumulative effect. But, Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents has submitted that as per instruction, the said due has been paid to the petitioner.

[7] Be that as it may, this court is of the view that there is no confusion in respect of the fixation of pay of the petitioner after two years of withholding increments the petitioner was entitled to release of those 2(two) increments. Hence, this court does not find any difficulty in directing the respondents to release two increments which were withheld. The arrear pay and allowance as would accrue resultantly be paid within a period of 2 (two) months from the day when the petitioner shall furnish a copy of this order to the Director General of Police, the respondent No.2 herein.

It is made abundantly clear that if in the meantime, the said outstanding stood paid, no further exercise shall be taken by the respondents, else they shall strictly comply this order within the stipulated period as indicated above.

In the result, the petition stands allowed. There shall be no further order as to costs.