Joint disciplinary proceedings against employees of different organizations are not permissible under CCS (CCA) Rules, leading to the invalidation of arising penalties.

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 Forest Department, Government of Tripura, in the year 1982 and on 16.06.2004 he was promoted as Sub-divisional Forest Officer, TFS, Gr.-II, under the Government of Tripura. From 13.09.2006 to 27.07.2009, the petitioner was deputed as a Deputy Manager of Tripura Rehabilitation and Plantation Corporation Ltd., [TRPC, for short], a Government of Tripura undertaking, represented by the respondents No.3, 4 and 5 herein. During his service on deputation under TRPC, one departmental proceeding was initiated against the petitioner alleging, inter alia, that he misappropriated a sum of Rs.18,16,134/- [Rupees eighteen lakhs sixteen thousand one hundred thirty four only]. Inquiry was conducted and ultimately, the disciplinary authority i.e. the Principal Secretary, Government of Tripura, General Administration (A & R) Department, imposed punishment as stated hereinabove.

[4] It is stated that the inquiry officer conducted a joint inquiry in respect of two persons i.e. the petitioner who was an employee of the Government of Tripura and another person, namely, Sri Bhabatosh Ch. Dey, Field Officer, who was an employee of the corporation namely, TRPC. In the said inquiry, common articles of charges were framed against the petitioner as well as Sri Bhabatosh Ch. Dey. On the basis of the said inquiry report and statements of witnesses, the disciplinary authority imposed punishment to the petitioner as well as Sri Bhabatosh Ch. Dey.

[5] Being aggrieved, the petitioner has filed the present writ petition challenging the inquiry report and the impugned order of punishment dated 10.01.2020 passed by the respondent No.2, on the ground that the respondent No.2 has no locus to act as a disciplinary authority of the petitioner.

[6] Mr. Datta, learned counsel appearing for the petitioner has tried to persuade this Court by submitting that the departmental proceeding was not maintainable as the inquiry and the departmental proceeding was conducted jointly against two persons i.e. the petitioner and one Sri Bhabatosh Ch. Dey, who were the employees of different organizations. As per Sub-rule-1 of Rule-18 of CCS (CCA) Rules, 1965, joint departmental proceeding and inquiry is permissible only in a case where two or more Government servants are involved. But, in the present case, one employee was from the corporation and the other was an employee of the Government of Tripura and as such, in the instant case, joint departmental proceeding and inquiry thereof, is not maintainable. According to Mr. Datta, learned counsel the entire proceeding was vitiated, as a common proceeding was conducted against both the petitioner and Sri Bhabatosh Ch. Dey, whose appointing and disciplinary authorities are different.

[7] Opposing the submissions of the learned counsel appearing for the petitioner,