T D Majumder vs P K Dhar

Akil Kureshi, CJ

The petitioner is an employee of Indian Council of Agricultural Research('ICAR' for short). While in service, the petitioner responded to a notice issued by the Tripura Public Service Commission (TPSC) for appointment to the post of Director, Animal Resource Development (ARD) Department. He was selected and appointed by an order dated 12th October 2017 on probation for a period of two years. The petitioner joined the Government service on 5th January 2018, while still retaining his lien in ICAR. On 29th September 2018, the petitioner received a show cause notice from the Deputy Secretary to the Government of Tripura alleging certain lapses on part of the petitioner. Subsequently, he was placed under suspension and a departmental inquiry was instituted against him on 18 th October 2018. The suspension of the petitioner was subsequently revoked Page - 2 of 3 and by the same order, dated 27th December 2018, the petitioner was asked to resume his duties in his parent organization i.e. ICAR. The petitioner accepted such repatriation and joined his parent department. Learned counsel for the petitioner stated on instructions that though previously the petitioner had harboured a thought of challenging such action of the Government of Tripura, the petitioner subsequently has taken a conscious decision to finally accept his repatriation.

On 22nd February 2019, the Secretary, Government of Tripura, issued the impugned charge sheet against the petitioner. Learned counsel for the petitioner submitted that when by virtue of the order passed by the Government of Tripura, the petitioner stood repatriated to the parent department we.f. 27th December 2018, the Government of Tripura could not have initiated departmental proceedings against the petitioner under impugned charge sheet dated 22nd February 2019 since the Government of Tripura has no disciplinary control over the petitioner any longer.

Issue Notice, returnable for 24th September 2021. By way of ad-interim relief, it is provided that the respondents shall not proceed further with the departmental inquiry arising out of the impugned charge sheet dated 22nd February 2019.

Page - 3 of 3 Learned counsel, Mr. Raju Datta, waived notice on behalf of TPSC and learned Additional Government Advocate, Mr. K De, waived notice on behalf of rest of the respondents.