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2017 Supreme(Tri) 251
THE HIGH COURT OF TRIPURA AGARTALA
S. TALAPATRA, J.
Sri Shibu Debbarma - Petitioner
Vs.
The State of Tripura & Anr. - Respondents
WP(C) 243 of 2013
Decided On : 15-05-2017
For the petitioner: Mr. B.N. Majumder
For the Respondents: Ms. A.S. Lodh
The court emphasized the importance of providing the petitioner with an opportunity to respond to the note of disagreement as required by Rule 15(2) of CCS (CCA) Rules, 1965, and the need for the disciplinary authority to consider the permissible limit of shortage before imposing a penalty.
Headnote:
Misappropriation - Disciplinary Proceedings - Tripura Civil Services (Conduct) Rules, 1988, Central Civil Services (Classification, Control & Appeal) Rules, 1965 - The court set aside the impugned orders dated 07.12.2010 and 19.10.2010 as there was no consideration of permissible limit and denial of natural justice vis-a-vis Rule 15(2) of CCS (CCA) Rules, 1965. The disciplinary authority was directed to give the petitioner an opportunity to have his say on the note of disagreement and the inquiry report in terms of Rule 15(2) of CCS (CCA) Rules, 1965 and to revisit the records for consideration of the petitioner's representation.
Fact of the Case:
The petitioner, a Junior Store Keeper, challenged disciplinary orders dated 07.12.2010 and 19.10.2011, which directed recovery of a purported amount assessed as pecuniary loss from his salary due to alleged misappropriation of rice. The inquiry officer found the charge against the petitioner could not be established, but the disciplinary authority disagreed and imposed a penalty. The petitioner appealed, asserting discrepancies in the verification report and denial of natural justice.
Finding of the Court:
The court found that the note of disagreement was not based on evidence and that the petitioner was not given an opportunity to respond to it as required by Rule 15(2) of CCS (CCA) Rules, 1965. The impugned orders were set aside due to no consideration of permissible limit and denial of natural justice.
Issues: The issues involved the imposition of a penalty on the petitioner based on a note of disagreement without giving him an opportunity to respond, and the failure to consider the permissible limit of shortage.
Ratio Decidendi: The court held that the petitioner was entitled to respond to the note of disagreement as per Rule 15(2) of CCS (CCA) Rules, 1965, and that the disciplinary authority should have considered the permissible limit of shortage before imposing a penalty.
Final Decision: The impugned orders were set aside, and the disciplinary authority was directed to give the petitioner an opportunity to respond to the note of disagreement and the inquiry report, and to revisit the records for consideration of the petitioner's representation.
By means of this writ petition, the petitioner who has been working as the Junior Store Keeper has challenged the order No. F.2-6(6)-ESTT/DF/2006 dated 07.12.2010 [the petitioner has erroneously mentioned the date as 30.04.2010], Annexure-P/3 to the writ petition and the order No. F.2-6(6)-Estt/DF/2006 dated 19.10.2011 [Annexure-P/5 to the writ petition]. The petitioner has further urged for restraining the respondents from deducting any amount in terms of the said orders dated 07.12.2010 and 19.10.2011 respectively Annexures P/3 and P/5 to the writ petition.
2. By the order dated 07.12.2010 [Annexure P/3 to the writ petition] the disciplinary authority (The Director of Food, Civil Supplies & Consumer Affairs) imposed minor penalty directing recovery of the purported amount which has been assessed as the pecuniary loss to the tune of Rs.1,21,748.90 from the salary of the petitioner by installments. By the order dated 19.10.2011, the appellate authority, the Commissioner & Secretary, Government of Tripura, Food Civil Supplies & Consumer Affairs Department affirmed the final order of the disciplinary authority.
3. It is not disputed that by the memorandum under No.F.2-6(6)-DF/2006 dated 31.10.2006, the following article of charge was framed against the petitioner :-
“That, Sri Shibu Debbarma, Jr. Store-keeper while in the charge of Hrishymuk Govt. Food Go-down, Belonia Sub- Division in South Tripura District during the period from 04.11.1998 to 06.10.2001 exhibited gross dereliction of duty, absolute carelessness, lack of integrity and devotion to duty entrusted with him by way of not maintaining the books of accounts and other records properly thereof in the manner prescribed/instructed by the competent Authority which is unbecoming on the part of a Government Servant and amounts to gross misconduct. By resorting to such activities with malafide intention to derive personal benefit, said Sri Shibu Debbarma, Jr. Store-keeper misappropriated 9945 Kg Rice, money value of which comes to Rs.1,21,748.90 (Rupees one lakh twenty one thousand seven hundred forty eight and paise ninety) only. These sorts of activities on the part of said Sri Shibu Debbarma, Jr. Store-keeper of Hrishyamuk Govt. Food Go-down, Belonia, Sub-Division in South Tripura District attract Rule-3 of Tripura Civil Services (Conduct) Rules, 1988 and action thereof under Central Civil Services (Classification, Control & Appeal) Rules, 1965,”
4. In Annexure-2 to the said memorandum dated 31.10.2006, the statement of imputation of misconduct or misbehavior in support of the said article of charge has been placed in the following manner :-
“That, Shri Shibu Debbarma, Jr. Store-Keeper while functioning as Store-Keeper in Kamalpur Govt. Food Godown, Belonia Sub-Division in South Tripura during the period from 04.11.1998 to 06.10.2001 was entrusted with the task of maintenance of stock of Rice with proper entry in the concerned books of account., As a godown-in-Charge (Store Keeper), he had to maintain Bin Card and Bin Card register for each and every incoming and outgoing stock and also to issue SAV for the stock found short or excess, as also to maintain gunny bag register and make proper entry of account of empty gunny bags.
It is found during the physical verification of the said Hrishyamukh Govt. Food Godown for the period from 04.11.1998 to 06.10.2001 when Shri Shibu Debbarma was the godown in-Charge (Store Keeper) of the said godown that there had been shortage as per SAVs issued by him which are detailed below :-
Sl.
SAV No. & date
Commodities
Total Shortage (in Kg)
Rate P/Kg
Amount
1
01 dt. 06.10.2001
Gr-A Boiled Rice
251
@ Rs.12.25
Rs…..3,074.75
2
02 dt. 06.10.2001
C.B Rice
110
@ Rs.11.60
Rs…..1,276.00
3
01 dt. 06.10.2001
C.B. Rice
9
@ Rs.11.60
Rs…..104.40
4
05 dt. 06.10.2001
Gr-A Boiled Rice
590
@ Rs.12.25
Rs…..7,
