Sancha Bahadur Subba vs State Of Sikkim and Ors.

Satish K. Agnihotri, CJ

Learned Counsel, appearing for the petitioner, submits that in view of the inquiry report dated 07.03.2016, wherein it was submitted that the 6th

respondent during his service time has indulged himself in investment in stock market/trading during the period 2011-2012 and further it was stated by

CB/CID, PHQ, Gangtok that since the 6th respondent has retired, no action can be taken under the Sikkim Government Service Conduct Rules, 1981,

the petition was filed. Â

Referring to the statement of salary details of Shri Prem Bahadur Subba with effect from 01.07.1978 to 30.04.2015, the petitioner was informed under

the Right to Information Act that the 6th respondent retired in April 2016, as indicated in Sl. No. 37. On further examination, it is found, according to

her, that on page 43 at Sl. No. 36, the ending month of February 2015 and at next page at Sl. No. 37, starting with March 2016, obviously there is a

mistake as is evident from the letter dated 10.07.2015 addressed to the Principal Secretary, Finance, Revenue & Expenditure Department,

Government of Sikkim, wherein it is clearly observed that the 6th respondent retired from the service on 30.04.2015.Â

 In such view of the matter, the petitioner seeks withdrawal of this petition with liberty to file a proper complaint/petition, if need be, before the

appropriate forum, if advised, as per law. Â

No objection from Mr. Karma Thinlay, learned Senior Government Advocate appearing for the 1st to 5th respondents, Mr. S. S. Hamal, learned

Counsel appearing for 6th and 7th respondents and Ms. Sabina Chhetri, learned Counsel appearing for the 8th respondents. Accordingly, the petition is

dismissed as withdrawn with the aforestated liberty.