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ARINDAM LODH
Parendra Debbarma – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings initiated against petitioner. (Para 2 , 3 , 4) |
| 2. arguments presented for mutual discipline. (Para 5 , 6 , 7 , 8) |
| 3. common disciplinary proceedings not authorized. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. penalty imposed set aside due to procedural impropriety. (Para 19) |
| 5. writ petition allowed and disposed. (Para 20) |
JUDGMENT
Heard Mr. Raju Datta, learned counsel appearing for the petitioner. Also heard Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents-State and Mr. D. Sarkar, learned counsel appearing for the respondents No. 3, 4, 5 and 6.
[2] By means of filing this writ petition, the petitioner has challenged the impugned order of penalty dated 10.01.2020, issued by the Disciplinary Authority, whereby and whereunder, the promotion of the petitioner was withheld for a period of three years and further directed for recovery of Rs.9,08,067/- [Rupees Nine Lakhs Eight Thousand Sixty Seven] i.e. 50% of the unadjusted amount of Rs.18,16,134/- [Rupees Eighteen Lakhs Sixteen Thousand One Hundred Thirty Four only].
[3] Relevant facts, in short, are that the petitioner was initially appointed as Forest Ranger under the
Joint disciplinary proceedings against employees of different organizations are not permissible under CCS (CCA) Rules, leading to the invalidation of arising penalties.
Disciplinary proceedings must be initiated by the appropriate authority as defined by relevant rules; unauthorized initiation renders proceedings invalid.
Disciplinary proceedings initiated against a government servant were quashed due to lack of jurisdiction and influence from a Minister, violating principles of natural justice.
The main legal point established is the requirement for strict compliance with disciplinary rules, including the obligation to hold a joint inquiry as ordered and to follow the provisions of Rule 14 ....
Procedural irregularities in disciplinary proceedings, including non-compliance with rules related to the initiation of the inquiry, furnishing of charges, and handling of the inquiry report, can lea....
Authority to conduct disciplinary proceedings requires an ongoing relationship with the government servant; post-repatriation, the Secretary lacked jurisdiction.
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