HIGH COURT OF TRIPURA AGARTALA W.A. No .57/2024 Smt. Payel Biswas, wife of Sri Shantanu Biswas, Resident of - 1/A By lane, near TV Tower, Milan Chakra, P.O.-A.D. Nagar, P.S.-A.D. Nagar, Sub-

Division-Agartala, District-West Tripura, PIN-799003.

……… Appellant(s).

V E R S U S

1. The Tripura Gramin Bank, represented by the Chairman, having his office at Abhoynagar, P.O.-Agartala, P.S.-West Agartala, Sub-Division-Agartala, District-West Tripura.

2. The Chairman, Tripura Gramin Bank, having his office at Abhoynagar, P.O.-Agartala, P.S.-West Agartala, Sub-Division-Agartala, District-West Tripura.

3. The Chief Manager, Human Resource Department, Tripura Gramin Bank, Abhoynagar, P.O.-Agartala, P.S.-West Agartala, Sub-Division-Agartala, District-West Tripura. ………Respondent(s).

For Appellant(s) : Mr. Somik Deb, Sr. Advocate, Ms. Adwitiya Chakraborty, Advocate.

For Respondent(s) : Mr. Prabir Saha, Advocate.

HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO HON’BLE MR. JUSTICE BISWAJIT PALIT Date of hearing & ju dgment : 09.03.2026 Whether fit for reporting : YES JUDGMENT & ORDER (ORAL)

(M.S. Ramachandra Rao, C.J.)

Heard Mr. Somik Deb, learned senior counsel assisted by Ms.

Adwitiya Chakraborty, counsel for the appellant and Mr. Prabir Saha, counsel appearing for the respondents-Tripura Gramin Bank.

2. This Writ Appeal is preferred by the appellant challenging the judgment dt.05.03.2024 of the learned Single Judge in WP(C) No.171 of

2024.

3. The appellant is an employee of the respondent No.1, Tripura Gramin Bank (for short, the Bank). When she was working as Manager (Scale-II) in the Bank, on the basis of certain incidents, which are alleged to have happened, a Charge Memo was issued to her on 09.08.2023 containing two charges which are as under:

"CHARGE 1:- It has been seriously observed that you had violated the discipline of the bank by committing severe misbehavior dtd.22-05-2023 at TGB, HO with Chief Manager, HR Division, using unprofessional behaviour, making illogical argument and foul words regarding your transfer order dtd. 22- 05-2023 which is tantamount to insubordination of Higher Authority of the Bank.

CHARGE 2:- It has been further seriously observed that in spite of having transfer and release order dt. 22-05-2023 in your favour from DC Bazar to RO South, you had entered in TGB DC Bazar Branch on 23-05-2023 at about 13:55 hrs and without any valid reasons you had misbehaved rudely with all the staff members of TGB DC Bazar Branch in front of customers by uttering unparliamentary words, which tantamount to disrespect and/or deflation towards the staff of the said branch, violating the discipline of the Bank."

4. Disciplinary Enquiry was conducted through an Enquiry Officer, who then submitted a report on 20.10.2023 to the Disciplinary Authority (respondent No.2).

5. On 29.01.2024 the respondent No.2, after considering the record of the enquiry and the Enquiry Report dt.20.10.2023, passed a speaking order stating that there was a grave lacuna and/or procedural defects in the Enquiry Report, that he is disagreeing with the Enquiry Officer's findings dt.20.10.2023 and that he is directing a de novo enquiry by vitiating the previous enquiry. For this, he quoted Clause-13 of the Vigilance Manual of the Bank permitting him to start de-novo enquiry against the appellant.

6. Thereafter the appellant was issued a show cause notice dt.29.1.2024 by respondent no.2 to show cause why such de-novo enquiry cannot be done.

7. Appellant filed WP(C) No.171 of 2024 challenging the same and seeking the following reliefs:

"(i) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a writ of Certiorari and/or in the nature thereof, shall not be issued for directing the respondents, to transmit the records, lying with them, for rendering substantive and conscionable justice to the petitioner, and for quashing/setting aside the impugned Orders dated 25.07.2023, 29.01.2024 & 08.02.2024 (Annexures-5, 9 & 10 respectively supra);

(ii) Issue