Judgment & Order

Heard Learned Sr. counsel Mr. Purusuttam Roy Barman, assisted by Mr. Samarjit Bhattacharjee, learned counsel appearing on behalf of the petitioner and also heard learned Addl. GA Mr. Mangal Debbarma, appearing on behalf of the State-respondents.

2. The petitioner has filed this present writ petition seeking the following reliefs:-

"(i) Issue Rule NISI upon the Respondents to show cause why a writ of mandamus or in the nature thereof shall not be issued directing the Respondents to send the disciplinary proceedings initiated against the Petitioner bearing No. departmental proceedings case No. 02/DP/2024 to the Commissioner of Departmental Inquiries, Govt. of Tripura for inquiry and after hearing this petition issue writ of mandamus or in the nature thereof commanding upon the Respondents to send the Disciplinary Proceedings initiated against the Petitioner bearing No. 02/DP/2024 to the Commissioner of Departmental Inquiries, Govt. of Tripura.

(ii) Issue Writ in the light of the prayers made above and make the rule absolute.

(iv) Stay the further proceedings of departmental proceeding case No. 02/DP/2024, till disposal of the writ petition.

(v) Any other order or direction, as this Hon’ble Court considers appropriate may kindly be passed.

(vi) Cost of the petition may be allowed to the petitioner."

3. Learned Sr. counsel Mr. Roy Barman, at the time of hearing drawn the attention of this court that by a Memorandum dated 23.08.2024 (Annexure-1) the District Magistrate & Collector, West Tripura initiated an enquiry against the petitioner under Rule 14 of the CCS (CCA) Rules, 1965 with the following article of charges:-

“STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST SRI SWAPAN MALAKAR. ASO ATTACHED TO THE OFFICE OF THE SDM, JIRANIA.

ARTICLE OF CHARGE NO.I

It is reported from Director, Land Records & Settlement, Tripura, Agartala vide letter No.F.4 (16)-RCC/2020 (P) dated 12.06.2024 that RS plot No.6819, 6820, 6848, 6856, 6841, 6842, 6843, 6845, 6859, 6870, 6858 in Mouja Singerbil of Lankamura TK under Barjala Revenue Circle bearing Khatian No.894/1, 894/2, 894/3, 894/4 & 894/5 belong to Enemy Property and locked after publication of the Notification No.F.4(16)-RCC/2020(P)/4958-5022 dated 12 June, 2023. As outlined in the Notification, approval of the State Government through Directorate of Land Records & Settlement (Revenue Department) is mandatory in case of any transaction, sanction of building plans or unlocking of Khatian (RoR) to be initiated against the Enemy Properties.

Surprisingly, Sri Swapan Malakar, ASO while posted at Mohanpur Sub-Division allowed the following MR cases violating the provisions of the Enemy Property Act, 1968 on the basis of forged Deeds.

Therefore, it can be said without any doubt that the above named persons have illegally got mutation of land measuring 2.520 acres, 0.20 acres & 0.960 acres respectively of Mouja Singerbil by producing fake deeds bearing No as mentioned against them.

From the above, it is evident that Shri Swapan Malakar, ASO has shown gross misconduct by allowing the mutation cases based on fake Regd. Sale deeds. This act has been carried out without proper verification of the authenticity of the documents and field verification, Indicating involvement in corrupt practices.

ARTICLE OF CHARGE NO.II

Sri Swapan Malakar, ASO now attached to O/o the SDM, Jirania while functioning as Mutation officer has not followed the right and necessary steps before passing mutation cases as mentioned in Article of charge-l. He failed to verify the authenticity of the documents and the legitimacy of the mutation applications, has also ignored several warnings and guidelines issued by higher authorities regarding the handling of Enemy Property. Despite clear instructions, he processed and approved the aforementioned mutation cases, which directly contravenes the directives aimed at protecting Enemy Property.

The above act as committed by Sri Swapan Malakar, ASO shows tha