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T. AMARNATH GOUD, ARINDAM LODH
Sabita Debbarma – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
1. Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. Samarjit Bhattacharjee and Mr. Kawsik Nath, learned counsel, appearing for the appellant. Also heard Mr. Mangal Debbarma, learned Addl. Government Advocate appearing for the respondents-State.
2. This writ appeal is directed against the judgment and order dated 12.08.2021 passed by the learned Single Judge in WP(C) No.237 of 2021 whereby the learned Single Judge did not find the reasons assigned in the impugned memorandum dated 12.06.2020 issued by the Secretary, Government of Tripura by which a departmental inquiry has been instituted against her to be treated as illegal and arbitrary and consequently, dismissed the writ petition.
3. In the present writ appeal, appellant-petitioner has prayed for the following reliefs:
"A. Admit the Appeal;
B. Call for the records;
C. After hearing both the parties, set aside the impugned Judgment and Order, dated, 12.08.2021, passed by Ld. Single Judge, in WP(C) No.237/2021;
D. Pass any other order/orders as the Hon'ble High Court may deem fit and proper."
4. Case of the appellant-petitioner, in a nutshell, is that the petitioner was appointed as a Lower Division Clerk in the Edu
The court ruled that departmental inquiries against retired employees must be initiated within four years of the event, but timing is reckoned from retirement, affirming responsibility on the petitio....
legislative intent of framing Rule 9 is to preserve the authority to the Government to withhold pension or gratuity of a retired Government servant if it is found that during his service he was guilt....
The railway administration cannot withhold pensionary benefits in the absence of any pending judicial or departmental proceedings against the employee, as per Rule 9 of the Railway Services (Pension)....
Criminal proceedings against a retired government employee are not subject to the same limitations as departmental proceedings under the CCS (Pension) Rules, 1972.
Disciplinary proceedings against a retired government employee initiated beyond four years are arbitrary and violate CCS Pension Rules, affirming the principle of fairness and legitimate expectation.
The issuance of charge sheets before retirement is sufficient to initiate departmental proceedings, regardless of when they are served, thus not violating the four-year limitation for initiating such....
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