Central Administrative Tribunal - Gauhati
Shri Bikashranjan Biswas vs M/O Home Affairs on 1 November, 2018
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 041 /00356/2018
Date of Order: This, ine O1siday of November 2018
Circuit Court at Agartala
THE HON'BLE SMT. MANJULA DAS, JUDICIAL MEMBER
THE HON'BLE MR. NEKKHOMANG NEIHSIAL, ADMINISTRATIVE MEMBER
Sri BikashranjanBiswas, Senior Accountant
Office of the A.G. Tripura, $/O Late Birendra Biswas
C/O Shri Gopesh Debnath of Chamiilla
P.O. --Rowa, P.S. -- Panisagar, Dist -- North Tripura, Pin -- 799260.
. Applicant
By Advocates: In-Person
-Versus-
1. The Union of India
Represented by the Accountant General (A & E},
Office of the Accountant General, Trioura, Agartala,
P.O- Kunjaban, Pin-799006.
2. The Accountant General {A & E},
Office of the Accountant General, Tripura, Agariala,
P.O- Kunjaban, Pin-799006
3. The Comptroller and Auditor General of India, 9
Deen DayalUpadhyayMarg, New Delhi-110124
4. Sri BirupaksaBiswas, $/o Smt. Debi Biswas (Alleged s/o Late
BikashBiswas) represented by the Chief Superintendeni,
Protective Home, Taranagar, P.O- Mohanpur, Dist.- West
Tripura, Pin-799006.
5. Sri BirupaksaBiswas, S/o Late BikashBiswas, C/o
Smt.LovelyNandini (Biswas), wife of Late BikashBiswas of
- Gourangatilla, PS &PO-Teliamura, DIST-Khowdi, Tripura, PIN-
799207. . .
we ee
co ot merit aes ge
Ro ERS RELL OSES
RAN eel aa
Sri BirupaksaBiswas, S/o Late BikashBiswas, C/o HaridasBiswas of
Khowai Court, Tripura, Pin799202.
... Respondents
By Advocate: Mr. S.K Ghosh, Addl. CGSC
© R DER (ORAL)
MANJULA DAS, JUDICIAL MEMBER:
The instant O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the aed following reliefs:
8.1 Your Lordship may be pleased to admit this Original Application of the Applicant as Sub-Ruies (2)(b) of Rule 20 of the Administrative Tripunal Act, :
1985 considering para 6.4 and ground 1 above and P set aside and quashed the impugned order dated
02.06.2017, 8.2 To call for records and issue notice upon the respondent No. 1 and proforma respondent No.3 to show cause as to why the relief as sought for should not be granted and after hearing the parties and perusal of records be pleased to direct the proforma respondent No. 3 for passing a final order as per ground para 5.8 above as well as relevant service Rules explained in below notes, period of limitation read with Rule 29 of 1965 Rules even if done sue moto should be done at the earliest particularly.
8.3 To passed a direction fo the respondent No. 1 and proforma respondent No. 2 for worked out all the outstanding balance of subsistence allowances . of the applicant upto 01.06.2017 and jo pay to the applicant as per ground 5.5 because the applicant was submitted non-employment certificate under F.R 53 upto 03.06.2017 followed by Govt. of India's order No. V read with Rule 11 of 1965 Rules that retrospective effect not permissible as per memo no. D.G.P &T/ESB-II-7/32 dated 10th January 1933.
8.4 To direct the respondent No. 1 for paying pecuniary loss arising from failure to observed proper procedure such as denal of reasonable opportunity of making representation on the penaliy proposed to be imposed before his order dated 02.06.2017 violating the provision read with Rule 19 of CCS (CCA) Rules 1965 vide instruction by Noti. No. 11012/13/86-Esit. (A) dated 11th March 1987 of the Govt. of India and as per ground No. 1&2 and provision of Rule 15 of 1965 Rules (ii) for denial of opportunity of hearing on the basis of facts in annexure A.1] under para 6.4 and ground No. 5.8 and (ii) for denial of the principle of natural justice as per Notes as "Suspension in pendency of criminal case more than one and half decade is arbitrary and un-justified and as per ground No.5.4 and Govt. of India's order regarding F.R 53 read with 10 of the 65 Rule.
8.5 To Issue notice, upon the proforma respondent No. 4 and/ or 5 and/or 6 if any who was the victim of said case No. G.R 263/2000 for prove his fatherhood who is an employee of A.G office as per record of the Court Cases if any or by way of D.N.A analysis and photo imposition test with the photograph of alleged father accused Late BikashBiswas and pay pecuniary loss of the applicant worth Rs. 1000 per month and passing an order/direction as to why he of them will not provided his/them whereabouts from his/their childhood and place of study if any of them was claimed his appointment to the respondent No. 1 after the death of his father on the compassionate ground.
8.6 To pass an order (s) for judicial review as per Government of India's-order bellow Notes read with Rule 19 of the CCS (CCA) Rules 1965 and provision of article 311(2) of the.constitution of India as the court which term include a Triobunal having the power of a court and set aside & quashed the order No.Estt. .
aA ~ 4 (A&E) P.C/BRB/Vol.(iii) 38 dated 02.06.2017 without waiting the final order of the proforma respondent No. 3 as per ground 5.9 as per Govi. of India's order No. 2 to 5 below Nojes read with Rule 19.
8.7. To pass such other or further order(s) as your Lordship may deem fit and proper."
2. Briefly the applicant narrated his case that he was entered into Govt. Service in the post of Clerk/Typist in the year 1988 and promoted as Accountant in the year 1991 and promoied in the year 194 as Senior Accountant. He was placed under suspension vide order No. Estt. (A & E} PC/BRB/1305 dated 29.12.1999 under Rule 10 (1) of the Central Civil Services (Classification, control and appeal) Rules, 1965. According to the applicant, the true accounts of the facts and circumstances of the case of dismissal of the applicant is flows from another accused person's case who is known as accused late Bikash Biswas, S/o Late Birendra Kr. Biswas of Knowai, West Tripura and accused Sri Haridas Biswas of twon-Ganki District Khowal, Tripura both of them was put into trial by the prosecution the State of Tripura before the Ld. Court of Sub-Divisional Judicial Magistrate, Khowai, West Tripura in connection with case No. GR 963/2000 u/s 365 of I.P.C. The Judgment dated 16.01.2002 passed by the Sub Divisional Judicial Magistrate speaks itself that both the accused was convicted. As per record of said judgment, paragraph (1)"this is a police reported case instituted on 23.09.2000 lodged by one Smt. Lovely Nandi (Biswas) against 2 (unknown) accused persoms for committing offence punishable under section 365 IPC and as per finding No. (8)'P.W. 2. Sri Birupaksa Biswas, the kidnapped boy deposed that" "while he was coming from school, he was picked up by his uncle i.e. Haridas Biswas when his father was also along with his uncle. On the way to Ambassa police case' and recovered him from their custody. He was taken by a bus and his father was riding a scooter behind the bus". And as per finding No. (8) P.W. - 5- "Shri Harinarayan alias Babul Nandi deposed that "after getting the information he went to Chakmaghat and was waiting for the action of the police. Subsequently he found that police recovered Birupaksa Biswas and was coming by a vehicle in which Haridas Biswas was sitting". And as per finding No-15 "in the result both the accused persons namely Bikash Biswas and Haridas Biswas are hereby convicted under section 365 I.P.C. and thereby sentenced each of them to pay a fine of Rs. 5000/- (Rupees five thousand) on default of payment of fine money each of them is to suifer S.l. for one and half years". And that finding No. 16 "Fine money in iotal of Rs. 10,000/- (Rupees ten thousand) on realization be paid to the complainant."
3. Applicant further submitted that as per record of the West Agartala PS Case No. 87/99 dated 27.12.1999 vide S.T. 34/2007, Smt. Lovely Nandi (Biswas) was enclosed an allegation that her son Birupaksa Biswas is under the clutch of her mother-in-law and she is 1+ an not permitted to see her son for a moment and also enclosed a copy of Case No. T.S. 70 (Judicial Separation of 1999 along with an interim maintenance petition for herself and her daughter only and a wiitien statement of Debi Biswas who was as per order of learned court of Chief Judicial Magistrate, West Tripura, Agartala in conneciion with Airport P.S. Case No. GDE. 32/99 the custody of Debi Biswas was given under the custody of Protective Home, Taranagar. The Hon'ble Agartala Bench, Gouhati High Court in Writ Petition No, (C) H/C No. 1 & 2 of 2002 was observed on 27.03.2002 that "Due to torture Debi Biswas fled away from the house of the petitioner Bikashranjan Biswas and she was attested by the police. On production, she was taken by the women's commission and as per order of fhe court the custody of Debi Biswas and her son Birupaksa was given to the custody of Protective Home under Taranagar under the supervision of Tripura Women's Commission. Said Debi Biswas who is an inmate of said Protective Home, Taranagar and Smt. Lovely Nandi (Biswas) complainant in connection with case No. GR263/2000 is not same person at all and Birupaksa Biswas, S/o Debi Biswas, Proforma Respondent No. 4 and Birupaksa Biswas s/o said Smt, Lovely Nandi (Biswas) if any Proforma Respondent No. 5 cannot be said and thought as same person. It is also fact that another Birupaksa Biswas has been residing wiih accused Haridas Biswas at Ganki, Khowai, Tripura from his birth and childhood and completed his study from Nursery Nook under the Principalship of Sri Partha Bhattercharjee Roy Choudhury of Ganki, Khowai, Tripura and from Class 1 to V in Saiba Sunity J.B. School at:
"eet Ganki, Knhowai and from class VI io Xil in Knhowai Govt. XIl class School and there is no any blood relation of the applicant with the victim, if any, namely Birupaksa Biswas in connection with the case No. G.R.263/2000. There is no any Court Order regarding the release of Birupaksa Biswas from the Protective Home Taranagar and iill today he is an inmate of said home as per High Court order dated 27.03.2018.
4, We have heard the applicant in person, perused the pleadings and material placed on record. The instant O.A. has been preferred by the applicant against the impugned order No. 02.06.2017 issued by the respondent No. 1 under Rule 19 (i) of the Central Civil Service (Classification, Control and Appeal) Rules, 1965 for a designed reason that the applicant on a criminal charge being convicted under section 365 of I.P:C. in connection with case No. G.R. 263/2000 who was dismissed w.e.f. the date of pronouncement of judgment dated 16.01.2002 of the learned Sub-Divisional Judicial Magistrate, Knowai, West Tripura in the matter of State of Tripura Vs. Bikashranjan Biswas and gnother and accordingly prays for setting aside the said impugned order dated 02.06.2017. Against the said impugned order, the applicant submitted petition before the respondent No. 3 on 18.09.2017 with a prayer for revision under Rule So ) 29{ii) of the CCS (CCA) Rules, 1965, without submitting an appeal / from the illegal and unfair motivated penalty leveled against him by the Deputy Accountani General, Tripura, Agartala vide order No. Estt. (A&E) PO/BRB/Vol-IIl-38 dated 02.06.2017 in C/W case No. GR 263/2000 as per rule 19(i) of the CCS (CCA) Rules, 1965 and enforce Public Servants (inquiries) Act, 1850 (37 of 1850) directing the Director, C.B.].
5. We have perused the RTI reply dated 27.12.2017 which was made in reference to applicant's RT| application dated 23.11.2017 where in column No. -1, it was replied by the Deputy Director (Legal} & CPIO as hereunder:
"l. With reference to your revision petition dated 18.09.2017 (Bikash Ranjan Biswas, S Accountant, O/o the AG {A&E) Tripura, Agariala) records of the case have been «= Cdlled for vide this office letier no. 295 Staff (Disc. 1})/02-2017/Vol | dated 30.10.2017 for consideration of your reversion petition by the Comptroller & Auditor General of India and Revising Authority Your revision petition dated 0?.11.2017 is under process."
Further we have perused the RTl_reply dated 02.01.2018 where in para 1, it was replied by the CPIO/Dy, Accountant General (A&E) as hereunder:
7 "1, No personal hearing .of you was called for
- by this office and was held on 22/05/2017 & oot Sa AR ERIM HEL + «wake Me igor : . - we ses ene cet 23/05/2017 as claimed by you vide your RTI application under reference. As such no skeleton inquiry report was prepared."
rurther we have perused the RTI reply dated 23.07.2018 where in paras 3 and 3iili), if was replied by the Deputy Director (Legal) & CPIO as hereunder:
sa "3. The revising Authority did not suo motu propose to revise order No. Estt (A&E) P.C/BRB/Vol {if} 38 dated 02.06.2017 passed by the Dy. Accountant General (A&E) Tripura, Agartala within 30.04.2018. It was Shri Bikash Ranan Biswas, the information seeker, who preferred revision petition dated 18.09.2017 to the C& AG and Revising Authority for revision of the order. That revision petition is under process in this office and final order have not yet been passed.
3(ili) Revision petition dated 09.11.2017 is being considered along with revision petition dated 18.09.2017. Final orders have not :
yet been passed.
sa i, Of 6, _ In view of the above, the court feels it just and proper that justice will be met if a direction is issued to the respondents i.e. revision authority to pass orders on the revision petitions dated 18.09.2017, and dated 09.11.2017. Accordingly, we direct the authority to dispose of the revision petitions daied 18.09.2017 and dated 09.11.2017 respectively as per rules with proper investigation with relevant papers and documents for identification of the applicant so as enable the authority to come into a finding of the oe 10 identification and thereafter pass an order with a reasoned and speaking which will be communicated to the applicant forthwith.
7. The entire exercise shall be carried out by the respondent authority within a period of six months from the date of receipt copy of this order.
_
8. lt is made clear that while exercise will be carried out, the applicant will be given an opportunity of being heard so as fo establish his case by relevant papers and documents if so requires.
9, With the above direction, O.A. stands disposed of accordingly at the admission stage. No order as jo costs.
rs oe :
Sd/-
Manjula Das Hon'ble Member (J) Sd/-
Mr. N. Nethsial _ Hon'ble Member (A)