Sajal Dey vs State Of Tripura And Ors

Heard Mr. AK Pal, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Additional GA appearing for the State-respondents.

The petitioner was appointed as Constable under the official-respondents. In course of his service, a criminal case was initiated against him on the allegation that he had obtained false class VIII passed school certificate. He was arrested and was sent to custody and lateron, he was released on bail. The petitioner was placed under suspension by the official-respondents. An inquiry was initiated against him by the official-respondents. On 11.04.2017, Articles of Charges were also framed against the petitioner.

The petitioner was asked to participate in the inquiry proceeding when the inquiring officer was duly appointed along with a presenting officer. The petitioner was also asked to represent himself before the inquiry proceeding. He also has been given liberty to appoint defence assistance but, the petitioner did not participate in the inquiry proceeding rather on 17.01.2017, the petitioner has submitted a representation to the Assistant Commandant, 2nd Bn. TSR. The said representation reads as under:

"To,

The Assistant Commandant,

2nd Bn. TSR (Shri Subodh Chandra Das

R.K. Nagar, West Tripura

Reference: Your letter dated 07.01.2017 relating to my Second D.P.

Subject: Request to stop inquiry of the D.P. which was illegally drawn up against me violating the order of Honourable Supreme Court of India.

Sir,

With reference to the above letter, I beg to state that I have already informed you that since I am under suspension and question of my leaving duty station does not arise because during suspension no duty is taken from a suspended employee. So, both C.O. 2nd TSR as well as you have started the present D.P. most illegally and conducting the inquiry violating the order of apex court.

Kindly stop the D.P. inquiry and do not violated apex court order. The suspension of me was also made on false charges of criminal case lodged at BJN P.S. which is still pending in the Ld. Court.

Therefore, first the criminal case to be disposed off to determine whether my suspension was justified or C.O. 2nd BN TSR was fully unjustified.

Thereafter the next course of action can be determined otherwise your enquiry will be mockery. So, I request kindly to stop the enquiry and obey the order of Supreme Court of India."

From a bare perusal of the said representation, I find the arrogant nature of the petitioner. It is settled law that pending of criminal case is not a bar to continue the departmental proceeding.

Mr. AK Pal, learned counsel appearing for the petitioner has submitted that the petitioner could not appear and participate in the inquiry proceeding due to his illness but, from the representation it becomes apparent that the petitioner did not enclose any medical certificate to persuade this court that at the time of filing representation or continuation of the departmental proceeding, he was suffering from any kind of illness. Further, from the nature of the representation submitted by the petitioner, I would contend that a delinquent cannot dictate the terms of the inquiry. As a member of a disciplined force, the petitioner ought to have appeared before the inquiry officer and participate in the proceeding. The petitioner was offered with all reasonable opportunities. He could have placed his defense during participation in the inquiry but, he did not do so.

For the reasons, as discussed above, I am not convinced with the way the petitioner had disobeyed the direction of his superior officer. Hence, the punishment order dismissing the petitioner from service vide order dated 11.04.2017 does not call for any interference.

Accordingly, the present writ petition is dismissed being bereft of merit.