HIGH COURT OF TRIPURA AGARTALA W.P.(C)No.231 of 2025 Shri Haripada Saha, S/o Shri Sarath Chandra Saha, Resident of Kunjaban Colony, P.O.: Abhoynagar, Agartala, PIN: 799005 ….Petitioner(s).

Versus

1. The State of Tripura Represented by the Secretary, Education Department, Government of Tripura, New Secretariat Complex, P.O.: Secretariat, PIN: 799010, Agartala, West Tripura District.

2. The Director of Elementary School Education, Government of Tripura, Agartala, P.O.: Agartala, PIN: 799001, West Tripura District.

….. Respondents.

For Petitioner(s) : Mr. Mr. Dulal Chandra Saha, Adv.

For Respondent(s) : Mr. Dipankar Sarma, Addl. G.A.

Date of Hearing : 27.02.2026 Date of delivery of Judgment and Order : 11.03.2026 Whether fit for Reporting : YES HON’BLE MR. JUSTICE BISWAJIT PALIT Judgment & Order Heard Learned Counsel, Mr. D. Saha appearing on behalf of the petitioner and also heard Learned Additional G.A., Mr. D. Sarma appearing on behalf of the State-respondents.

02. This writ petition is filed by the petitioner seeking the following reliefs:

(a) admit this petition; (b) call for the records;

(c) issue writ in the nature of mandamus calling upon the respondents to how cause as to why the petitioner should not be;

(d) issue writ in the nature of certiorari calling upon the respondents to show cause as to why the Memo No.5(46)-DEE/DP/2017 dated 21-06-2024, should not be set aside and quashed.

(e) issue writ in the nature of Certiorari calling upon the respondents to show cause as to why the order No.F.5(46)-DEE/DP/2017/1431-34 dated

24-09-2021, should not be set aside and quashed, (f) pass any other order/orders which your Lordship deem fit and proper;

03. Taking part in the hearing, Learned Counsel for the petitioner drawn the attention of the Court that in the year 1989 the petitioner joined under the Education Department, Government of Tripura and while in service, he was implicated in a criminal case and was convicted. After that the respondent-authority by an order dated 24.09.2021 (Annexure-1) dismissed the petitioner as assistant teacher (Primary). Challenging that he preferred a writ petition before this Court which was numbered as WP(C) No.273 of 2023 and this Court by order dated 02.05.2023 (Annexure-2) disposed of the writ petition setting aside the order dated 24.09.2021 on the ground of violation of the principles of natural justice.

For the sake of convenience, the operative portion of the order passed by this Court in W.P.(C) No.273 of 2023 runs as follows:

“Heard both sides and perused the evidence on record. The impugned order dated 24.09.2021 is violative of the principle of natural justice and also contrary to the proviso of Rule 19 of CCS(CCA) Rule, 1965 wherein it is mandated that notice needs to be given by the respondents before imposing a penalty for conviction against the petitioner. Since the respondents has passed the impugned order which is under challenge without issuing any notice, the same is held as violative of the principle of natural justice. Accordingly, the same is set aside and liberty is given to the respondents to take steps in accordance with law as expeditiously as possible.

With the above observation and direction, this present writ petition stands disposed of. Stay if any stands vacated and pending application(s), if any also stands closed.

04. Challenging that order the State preferred an appeal which was numbered as WA No.67 of 2023 and the Division Bench of this High Court by judgment and order dated 20.05.2024 disposed of the appeal with the following conditions:

“6. However, we are of the considered view that following the ratio laid down by the Apex Court in the case of State of Uttar Pradesh and Others versus Rajit Singh reported in (2022) 15 SCC 254 at paragraph No. 12, the setting aside of the order of discharge could not lead to automatic reinstatement. But the appellant-employer shall ensure that proceeding for taking a fresh decision in the matter is undertaken within a reasonable time preferab