AGARTALA, India, Feb. 24 -- Tripura High Court issued the following order/judgement on Jan. 22:
[1] Heard Ld. Sr. Counsel Mr. P. Roy Barman assisted by Mr. S. Bhattacharjee, Learned Counsel for the petitioner.
[2] Also heard Mr. Debalay Bhattacharya, Ld. Sr. Counsel, assisted by Mr. S. Saha, Learned Counsel for the respondents.
[3] The petitioner on her initial appointment joined in the post of physiotherapist on 02.05.2006 in Tripura Medical College and Dr. BR Ambedkar Memorial Teaching Hospital, Agartala (for short 'TMC').
[4] The petitioner allegedly made a remark that 'without purchasing new machine, the bribe seeker OSD has given order to private organization without tender! Dumbfounded outsourcing unfortunate singer Banik is yelling' and posted the same in the Facebook platform.
[5] Based on the same, a notice to show cause was issued on 20.05.2021(Annexure-3) by the Chief Executive Officer (CEO) of said TMC to the petitioner with further allegation that her father on receipt of the information about the incident, made a courtesy visit at his own and met with the CEO and expressed his displeasure about the conduct of his daughter. But after departure of her father, the petitioner herself entered into the chamber of said CEO, charged him arrogantly in presence of others and also threatened him to face consequences even after repeated denial by the CEO that he did not call her father, rather, her father paid a courtesy visit. She was therefore, asked to show cause as to why appropriate action as per provision of the Service Conduct Rules, 2019 of the Society for Tripura Medical College & Dr. BRAM Teaching Hospital should not be taken against her.
[6] She gave reply to the said notice by denying those allegations.
[7] The department thereafter, decided to hold an enquiry against her and accordingly issued memorandum dated 27.07.2021(Annexure-5) framing 4 numbers of articles of charges against her. First two charges were mainly concerning the said Facebook post and the other two charges were centering round her alleged misconduct and insubordination.
[8] The petitioner thereafter, filed WP(C) No.529 of 2021 challenging the said initiation of enquiry and vide judgment dated 09.02.2022, the High Court quashed the charge No. 1 and 2, but, allowed the other two charges to be continued with.
[9] After the order was passed by the High Court, the Disciplinary Authority engaged one Shri Narayan Debbarma, General Manager (HR) of that society as Inquiry Authority to which the petitioner objected challenging his impartiality on the ground that he was involved in the said affairs. Said prayer being declined, she approached the High Court again by filing WP(C) No. 318 of 2023 and vide order dated 17.10.2023, the High Court disposed of the matter on the submission from the side of the respondents that they were ready to change the Inquiry Officer.
[10] Accordingly, the society constituted an Inquiring Committee consisting of 3 persons vide memorandum dated 31.10.2023(Annexure-16) and said Committee proceeded with the enquiry.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqK%2BfswODceS1sIXfQfgj7IB9WPfhecBAwq7joshdW6qH&caseno=WP(C)/527/2024&cCode=1&cino=TRHC010013002024&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
