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2021 Supreme(Tri) 54

AKIL KURESHI
Swapan Das, S/o. Late Nripendra Chandra Das – Appellant
Versus
State of Tripura, represented by the Commissioner & Secretary to the Department of Industries & Commerce, Government of Tripura – Respondent


Advocates Appeared:
For the Petitioner:Mr. P. Roy Barman, Sr. Adv., Mr. Koomar Chakraborty, Advocate.
For the Respondents:Mr. Debalaya Bhattacharya, G.A., Mr. S. Saha, Advocate.

JUDGMENT :

Petitioner has challenged an order, dated 28th March 2016, passed by the disciplinary authority imposing punishment of withholding two increments of the petitioner without cumulative effect and a further order, dated 22nd December 2020, passed by the appellate authority dismissing the appeal of the petitioner against the order of the disciplinary authority.

2. Brief facts are as under :

The petitioner is working as an Upper Division Clerk(UDC) under Principal, Industrial Training Institute, Kailashahar. He had applied for Leave Travel Concession (LTC) advance for himself and his family members on 18th May 2010 in which one of the members of the family mentioned by the petitioner was one Smt. Pranati Das shown to be his sister and fully dependent on him. Before this request could be fully processed, the petitioner wrote to the department, on 3rd September 2010, stating that his LTC advance is not yet sanctioned. However, on account of his current family circumstances he was not in a position to avail the LTC. The request for advance payment of LTC may, therefore, be cancelled.

3. On 7th September 2010 i.e. a few days after the petitioner withdrew his request for LTC advance,

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