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2015 Supreme(Tri) 677

DEEPAK GUPTA, S.C.DAS
Dhiman Singha – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the petitioner:Mr. P. Roy Barman, Advocate, Mr. Samarjit Bhattacharjee, Advocate
For the respondents:Mr. D.C. Nath, Advocate

JUDGMENT

Deepak Gupta, C.J.

The petitioner by means of this writ petition has challenged the order terminating him from service and the main ground is that the second inquiry held against him is totally illegal and therefore any order based on the second inquiry is vitiated.

2. The brief facts of the case are the petitioner was working as a Drug Inspector and on 26.06.2000, a Memo. was issued whereby inquiry proceedings were initiated against the petitioner. The allegations against the petitioner were serious in nature and it was alleged that the petitioner had been totally negligent in the discharge of his duties. A regular disciplinary inquiry was conducted, witnesses were examined and thereafter the inquiry officer vide his report 28.10.2002 came to the conclusion that the prosecution could not bring home the charge against the petitioner and the petitioner was duly exonerated.

3. Thereafter an order was passed which reads as follows:

“NO.F14(48)HFW/86

GOVERNMENT OF TRIPURA

HEALTH & FAMILY WELFARE DEPARTMENT

Dated, Agartala. The 19th May, 2005

ORDER

WHEREAS it is decided by the Disciplinary Authority to reenquire into the charges framed against Shri Dhiman Singha, Inspecting Officer (D





























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