Tripura High Court
Shri Sabyasachi Kar vs Tripura Tribal Area Autonomous ... on 9 December, 2022
Page 1 of 7
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 379 OF 2021
Shri Sabyasachi kar
S/o- Late Kripendra Kumar kar,
Resident of 17/3 Thakur Palli Road Krishnanagar Near CNG
Station, P.O-Agartala, District-West Tripura
......... Petitioner(s)
Vs.
1. Tripura Tribal Area Autonomous District Council,
represented by its Chairman having its office at
Khumulwng, Jirania, West Tripura, P.O.- Khumulwng, P.S-
Radhapur, District- West Tripura.
2. The Chairman,
Tripura Tribal Area Autonomous District Council,
Khumulwng, Jirania, West Tripura, P.O- Khumulwng, P.S-
Radhapur, District- West Tripura.
3. The Zonal Development Officer,
West Zone, Tripura Tribal Area Autonomous District Council,
Khumulwng, Jirania, West Tripura, P.O- Khumulwng, P.S-
Radhapur, District- West Tripura.
4. The Executive Officer (Administration),
Tripura Tribal Area Autonomous District Council,
Khumulwng Jirania, West Tripura, P.O- Khumulwng, P.S-
Radhapur, District- West Tripura.
5. Tripura Other Backward Classes Cooperative
Development Corporation Ltd.,
Represented by its General Manager having its office at
Lake Chowmuhani, P.O- Agartala, P.S- West Agartala,
District- West Tripura.
6. The General Manager,
Tripura Other Backward Classes Cooperative Development
Corporation Ltd., Lake Chowmuhani, P.O- Agartala, P.S-
West Agartala, District- West Tripura.
Page 2 of 7
7. The Zonal Manager,
Tripura Other Backward Classes Cooperative Development
Corporation Ltd., Lake Chowmuhani, P.O- Agartala, P.S-
West Agartala, District- West Tripura.
8. The Drawing & Disbursement Officer,
Zonal Development Officer, Tripura Tribal Area
Autonomous District Council, Khumulwng, P.O- Khumulwng,
P.S- Radhapur, District- West Tripura.
9. The Drawing & Disbursement Officer,
Executive Officer (Admn.), Tripura Tribal Area Autonomous
District Council, Khumulwng, P.O- Khumulwng, P.S-
Radhapur, District- West Tripura.
10. Sri Shantanu Das,
S/o Sri Sunil Das, resident of village- Ratannagar, P.O &
P.S- Ranirbazar, District- West Tripura.
....... Respondent(s)
For the Appellant(s) : Mr. Raju Datta, Advocate. For the Respondent(s) : Mr. Biswanath Majumder, Advocate.
: Mr. A. Debbarma, Advocate.
Date of hearing and delivery of Judgment & Order : 09.12.2022.
Whether fit for reporting : YES/NO.
HON'BLE THE CHIEF JUSTICE(ACTING) JUDGMENT AND ORDER(ORAL) This instant writ petition has been filed under Article 226 of the Constitution of India praying for the following reliefs:-
"As to why a Writ in the nature of Certiorari should not be issued quashing the Letter dated 07.03.2019 vide No.F.Loan A/C No. Trns/252/MAX/5953-56 issued by General Manager, Tripura OBC Corporation Ltd., Agartala, Letter dated 25.03.2019 vide No. F.2(10)/ADC/SDO/KHW/Acctt./2018-19/11715-16 issued by Zonal Development Officer, West Zone, Khumulwng, TTAADC, West Tripura and Letter dated 21.08.2019 issued by the Executive Officer Page 3 of 7 (Administration), TTAADC, Khumulwng whereby it was informed to the petitioner that they would recovered the loan amount Rs. 5,69,276/- in 96 installments @ Rs. 5930/- per month from the salary of the petitioner.
AND "As to why a Writ in the nature of Mandamus should not be issued directing the State Respondents not to deduct any amount from the salary of the petitioner and to return the amount of Rs. 59,300/- to the petitioner which is already deducted from the salary of the petitioner.
AND "In the interim be pleased to not to deduct any amount from the salary of the petitioner towards which was taken by the respondent No. 10 till disposal of the writ petition and be pleased to stay effect and operation of the Letter dated 21.08.2019 issued by the Executive Officer (Administration), TTAADC, Khumulwng whereby it was informed to the petitioner that loan amount of Rs. 5,69,276/- in 96 installments @ Rs.5930/- per month would be recovered from the salary of the petitioner."
AND "As to why such other order/orders should not be passed so as to give full relief to the Petitioner and upon causes shown to make the Rule absolute."
3. Heard Mr. Raju Datta, learned counsel appearing for the petitioner as well as Mr. B. Majumder, learned counsel appearing for respondent-Tripura Other Backward Classes Cooperative Development Corporation ltd., and Mr. A. Debbarma, learned counsel appearing for the respondent TTAADC.
4. It is the case of the petitioner herein that he stood as a guarantor in favour of the unofficial respondent No.10. But there is no transaction or any kind of agreement and no guarantee has been executed by the petitioner in favour of the unofficial respondent with the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd. Earlier when such demand was made, the petitioner Page 4 of 7 preferred W.P.(C) No.599 of 2019 before this Court and the same stood disposed of with several directions. Thereafter, the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd. has passed the impugned proceedings indicating that the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd. is entitled to recover a sum of Rs. 5,69,276/- in 96 installments from the petitioner's salary @ Rs. 5,930/- per month. Accordingly the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd. has started deducting.
5. Aggrieved thereby the present writ petition is filed.
6. In the impugned order dated 02.07.2019 passed in WP(C) No.599 of 2019 was disposed of with the following directions:-
"As such, petition is disposed of in the following mutually agreed terms:
(1) Petitioner's representation shall be considered by the appropriate authority and decided expeditiously in accordance with law and positively within a period of two months from the date of receipt thereof.
(2) If so required and desired, it shall be open to the writ petitioner to place additional materials in support of his representation, if any, before the authority.
(3) Additionally, if so desired, petitioner may also request for affording opportunity of hearing.
(4) The authority shall positively pass the order in the aforesaid terms, by assigning reasons and copy thereof shall also be supplied to the writ petitioner.
(5) Liberty is reserved to the writ petitioner to independently approach the Court for assailing the order, if so required Page 5 of 7 and desired on the same and subsequent cause of action, in accordance with law.
(6) All issues are left open.
7. On the fair reading of the impugned order, this Court finds that the respondents herein have not complied with the said order of the Court in its true letter and spirit. Actually, this is nothing else but amounts to willful disobedience of the orders of the Court and respondents are liable to be held under the contempt proceedings. However, now since the same is not before this court, this court is not inclined to touch the same.
8. In so far as granting relief to the petitioner is concerned, the only issue that falls for consideration before this court is whether the petitioner has executed any guarantee with the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd. relating to the loans obtained by the unofficial respondent No.10.
9. Mr. R. Datta, learned counsel appearing for the petitioner submits that his client has not executed any such guarantee with the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd.
10. In this regard Mr. Biswanath Majumder, learned counsel appearing for the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd., filed a counter and placed on record the indemnity bond. He Page 6 of 7 submitted before this court that the petitioner has signed the indemnity bond and there is nothing wrong on the part of the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd. in deducting the installments.
11. On a fair reading of the indemnity bond that has been placed before this Court along with the counter, it categorically indicates that one Mr. Shantanu Das is the person who has executed the documents but whereas the petitioner herein is Mr. Sabhyasachi kar. When this Court posed a question concerning clarification on the indemnity bond, there was no argument on behalf of the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd. to justify their demand and deduction of the installment amounts from the salary of the petitioner.
12. The respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd., has miserably failed in supporting their demand of deducting the sum of Rs. 5,930/- from the salary of the petitioner regularly every month. This Court finds that the demand raised by the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd. against the petitioner herein is ultra vires, arbitrary and accordingly the same suffers from legal infirmities, and thus, the same is set aside. Page 7 of 7
13. Accordingly, the present writ petition is allowed with the direction that the respondent-Tripura Other Backward Classes Cooperative Development Corporation Ltd., shall refund back the amount which has been already deducted from the salary of the petitioner within a period of 2(two) months from the date of receipt of the copy of this order with 7.5% interest.
14. With the above observation and direction this instant writ petition is disposed of. Consequently, pending application(s), if any also stand closed.
CHIEF JUSTICE(ACTING) suhanjit