HIGH COURT OF TRIPURA AGARTALA WA No.115 of 2023

1. The State of Tripura, represented by the Commissioner & Secretary, Rural Development Department, Government of Tripura, having his office at Secretariat Building, PO-Kunjaban, PS-New Capital Complex, Sub-

Division-Agartala, District-West Tripura.

2. The Commissioner & Secretary, Rural Development Department, Government of Tripura, having its office at Secretariat Building, PO- Kunjaban, PS-New Capital Complex, Sub-Division-Agartala, District-

West Tripura, Pin-799006.

3. The Secretary, Rural Development Department, Government of Tripura, having his office at Secretariat Building, PO-Kunjaban, PS-New Capital Complex, Sub-Division-Agartala, District-West Tripura, Pin-799006.

....... Appellant(s)

V E R S U S

1. Sri Bikash Bhowmik, son of Sri Bijoy Krishna Bhowmik, resident of village – Opposite road of Ramthakur Ashram, Banamalipur, P.O- Agartala, PS-East Agartala, Sub-Divison-Agarala, District-West Tripura, Pin-799001.

...... Respondent(s)

2. The Tripura Public Service Commission, represented by its Secretary, having its office at TPSC Bhawan, PO-Agartala, PS-West Agartala, Agartala, District-West Tripura, PIN-799001.

3. The Secretary, Tripura Public Service Commission, having his office at TPSC Bhawan, PO-Agartala, PS-West Agartala, Agartala, District-West Tripura, Pin-799001.

...... Proforma Respondent(s)

For Appellant(s) : Mr. S. M. Chakraborty, Advocate General, Mr. Kohinoor N. Bhattacharyya, G.A., Mr. Dipankar Sarma, Addl. G.A.

For Respondent(s) : Mr. Somik Deb, Sr. Advocate, Mr. Abir Baran, Advocate.

HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON’BLE MR. JUSTICE S. D. PURKAYASTHA Date of hearing and judgment : 4^th March, 2025.

Whether fit for reporting: Yes Heard Mr. S. M. Chakraborty, learned Advocate General assisted by Mr. Kohinoor N. Bhattacharyya, learned Government Advocate and Mr. Dipankar Sarma, learned Additional Government Advocate for the appellants-State. Also heard Mr. Somik Deb, learned senior counsel assisted by Mr. Abir Baran, learned counsel for the writ petitioner/respondents.

2. The learned writ Court set aside the order of dismissal form service dated 27.12.2022 (Annexure-15) and directed reinstatement of the writ petitioner with all consequential benefits. However, it also observed that considering the prima facie allegations of disproportionate assets against the writ petitioner, respondents were directed not to post him at his original place of posting but elsewhere in the same rank. Being aggrieved, the appellant- State is before us. In order to deal with the challenge, we propose to refer to the relevant dates and materials relating to the departmental proceeding which ended up in his dismissal from service.

3. The writ petitioner, a Junior Engineer, under the office of the District Magistrate & Collector, West Tripura, Agartala, was proceeded against under two articles of charges of grave misconduct vide memorandum dated 28.03.2015 (Annexure-2) in terms of the Rule 14 of the CCS (CC&A)

Rules, 1965. The articles of charges are as under:

ARTICLE I Shri Bikash Bhowmik, Junior Engineer of Dukli R.D Block (now under suspension) while functioning as J.E. in O/o the B.D.O. Mohanpur R.D. block had accumulated amount disproportionate to his income for which the Hon'ble Lokayukta, Tripura had, after making a thorough investigation through evidence both the oral and documentary, heard the complainant Smti Srabani Dus and the opposite party Shri Bikash Bhowmik in person against Case No. C.C. No.2 (LOK)/2012 and had been constrained to hold that the allegations made in the complaint are substantiated. Such act of accumulation of huge amount disproportionate to income by Shri Bhowmik, J.E. (RD) is in violation of TCS Conduct Rule. The details are set-forth in Annexure-II.

ARTICLE II Shri Bikash Bhowmik, J.E. (now under suspension), having regard to the facts & circumstances, had been alleged by the Hon'ble Lokayukta, Tripura against Case No. C.C. No.2(LOK)/2012 for committ