AGARTALA, India, March 11 -- Tripura High Court issued the following order/judgement on Feb. 10:
[1] Heard Mr. S. Lodh, learned counsel appearing for the appellant. Also heard Mr. Kohinoor N. Bhattacharyya, learned G.A. appearing for the respondents-State. Mr. K. Pandey, learned counsel also appears for respondents-TPSC.
[2] This present appeal has been filed seeking the following reliefs:-
"I) Admit this Appeal;
II) Call for the relevant records, pertaining to WP(C) 4 of 2025, disposed of on 06.08.2025, by the Hon'ble Single Judge;
III) After hearing the parties, in terms of the GROUNDS set forth above, be pleased to quash/set aside the impugned Judgment and Order dated 06.08.2025, passed by the Hon'ble Single Judge in WP(C) 4 of 2025, and thereafter, be pleased to allow the appeal in terms of Prayers made in the writ petition;"
[3] Facts leading to the present appeal are that a disciplinary proceeding was initiated against the appellant vide memorandum No.F.11(2)- GA (AR)/2022/752-55 dated 02.05.2022 wherein 03 Nos. of Article of Charges were framed against the appellant by the Principal Secretary to the Government of Tripura being the Disciplinary Authority in connection with misconduct and arbitrary decision of the appellant herein. As per the memorandum, the appellant was asked to submit his reply within 15(fifteen) days. It was also stated in the memorandum that departmental proceedings under Rule 14 of CCS( CC&A) Rules 1965 will be carried out against him based on the charges which were leveled against him. Challenging the charges of memorandum No.F.11(2)-GA(AR)/2022/752-55, Dated 02.05.2022, the Inquiry report vide No. 23/INQ/DP/GA(AR)/2022, Dated 28.03.2024 and the punishment order vide No.F.11(2)-GA(AR)/2022/502-04 Dated 04.06.2024 and the Appellate Order dated 23.09.2024, the appellant filed a writ petition before this Hon'ble Court and the same was registered and marked as W.P.(C) No. 04 of 2025. Therefore, after hearing both the parties, the Learned Single Judge of this Court vide its Judgment and Order dated 06.08. 2025, dismissed the writ petition citing that the appellant as Land Acquisition Collector acted beyond his jurisdiction and in the entire proceeding all opportunities were given to him to defend the charges leveled against him . But, in the ongoing proceeding he failed to inspire confidence of the Inquiry Authority to exonerate him from the charges. Being dissatisfied with the aforesaid order of dismissal, this writ appeal has been filed.
[4] Learned Counsel Mr. S. Lodh appearing for the appellant at the time of hearing of argument submitted that the entire proceeding was unlawful, unjustified and misconceived. The charges leveled against the appellant herein had no basis because the appellant as per direction of the Hon'ble Court passed in connection with Case No. WP(C)1381 of 2016 dated 05.01.2021 proceeded with the subject matter constituting a team. Thus, there was no abuse of power by the appellant and he only acted as per jurisdiction. Learned Counsel further submitted that since, the entire action was taken in compliance of the direction of Hon'ble High Court, so, the question of notification under the LA Act was totally baseless. Learned Counsel at the time of hearing further drawn the attention of the Court referring Section-23 of the LA Act and submitted that the appellant has complied with the said provision and furthermore referring the communication of Deputy Secretary, Government of Tripura dated 22.03.2021 it was informed by the Revenue Department to D.M. & Collector, Unakoti District, Kailashahar to take necessary action as per direction of the Hon'ble High Court. Learned Counsel again referred the inquiry report of SDM, Kailashahar dated 18.03.2021 sent to L.A. Collector for assessment of loss suffered by M/S Fortuna Agro Plantation Limited and also referred the report of the S.D.F.O. Kailashahar Forest Sub-Division addressing to the Land Acquisition Collector dated 19.03.2021 in pursuance of the direction of the High Court.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfC%2BiMBzizlL9WEXjAFarmK%2FpuqcWIlZTlMTm%2B43HDDaO&caseno=WP(C)/849/2022&cCode=1&cino=TRHC010018442022&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
