Tripura High Court
Sri Subrata Debnath vs The State Of Tripura And Others on 19 March, 2021
Equivalent citations: AIRONLINE 2021 TRI 107
Author: Akil Kureshi
Bench: Akil Kureshi
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HIGH COURT OF TRIPURA
AGARTALA
W.P. (C) No.751/2018
Sri Subrata Debnath
.....Petitioner(s)
Versus
The State of Tripura and others
.....Respondent(s)
For Petitioner(s) : Mr. Arijit Bhaumik, Advocate.
Mr. S. Dey, Advocate.
For Respondent(s) : Mr. H. Sarkar, Advocate.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
Date of hearing and judgment : 19.03.2021.
Whether fit for reporting : No.
JUDGMENT & ORDER (ORAL)
Petitioner has challenged an order dated 13.07.2018 passed by the Director of Secondary Education, operative portion of which reads as under:
"It is therefore, ordered that the period of absence w.e.f. 24-08-2017 to 09-01-2018 (i.e., 139 days) is hereby by treated as DIES NON for all purposes (i.e., Pension, leave, increment etc). This will not however, entail forfeiture of his past service prior to 24-08-2017.Page 2 of 4
Sri Subrata Debnath, G/T is further cautioned not to repeat such practice in future and he has to apply for leave to the competent authority properly and get it sanctioned before enjoying the same in future."
2. Briefly stated the facts are that at the relevant time, the petitioner was working as a Graduate Teacher in Government school. By an order dated 10.08.2017 passed by the Director of Elementary Education, he was transferred from Subhasnagar H.S. School, Sadar, West Tripura to Dakshin Bejimara S.B. School under Sonamura Sub-Division. He gave leave report but did not join the place of transfer. Instead he made a representation to the authorities on 16.11.2017 in which in addition to raising grounds of personal hardships, he also contended that the Director of Elementary Education was not the authority competent to transfer him. On 09.01.2018, Director of Secondary Education issued an order modifying the transfer of the petitioner to Debipur H.S. School, Bishalgarh. The petitioner promptly reported at the new place of posting.
3. However, since the petitioner had not reported for duty at Dakshin Bejimara S.B. School, the authorities issued a show cause notice on 17.03.2018 why the period between 24.08.2017 to 09.01.2018 consisting of 139 days should not be treated as "Dies Non" for all purposes and also why disciplinary action should not be initiated against him. The petitioner Page 3 of 4 replied to the show cause notice requesting that the proceedings be dropped. He stated that he was unwell and his leave may be sanctioned.
4. The authority rejected the petitioner's request of medical treatment and thereafter proceeded to pass the impugned order treating the entire period of absence as "Dies Non" for all purposes.
5. The effect of this order would be that the entire phase of 139 days would be obliterated from the service record of the petitioner for benefits such as pension, gratuity, increments etc. In facts of the present case, I am inclined to reverse this order to the limited extent of its effect on the petitioner's future service. Counsel for the petitioner clarified that the petitioner does not even press for any part of the salary for the period of absence. However, the action of wiping out the entire period for all purposes would be very harsh and in any case will amount to a penal action which cannot be taken without a departmental inquiry.
6. When the petitioner had pointed out that the order of transfer as passed by an authority, who was not competent and when on the basis of such representation, the Director of School Education was prompted to modify the petitioners transfer order, his inability to report to the place of transfer after submitting leave reports, may be taken into consideration Page 4 of 4 while passing final order. Since the petitioner is not pressing for salary for the intervening period, in the interest of justice, it would be appropriate to provide that the period of absence would not qualify for any salary, nevertheless shall be regularized for all other purposes including pension, gratuity, leave encashment and increments due.
7. Impugned order is modified accordingly. Petition is disposed of. Pending application(s), if any, also stands disposed of.
(AKIL KURESHI), CJ sima