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T. AMARNATH GOUD, ARINDAM LODH
Sabita Debbarma – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. background of the appellant's case and st certificate issues. (Para 2 , 4 , 5) |
| 2. request for relief and final order of dismissal. (Para 3 , 13) |
| 3. debates on the applicability of ccs (pension) rules. (Para 6 , 8) |
| 4. explanation of rule 9 of ccs (pension) rules. (Para 9 , 11) |
| 5. court's examination and conclusions from the case. (Para 10 , 12) |
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 r
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.
Caste certificate by unauthorized authority void ab initio; State verification Act applies to Central employees; post-retirement proceedings timely if from suspension within 4 years; New Pension Rule....
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