BABITA BHATTACHARJEE Vs. TRIPURA KHADI & VILLAGE INDUSTRIES BOARD

JUDGEMENT

(1.) Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioners as well as Mr. J. Chowdhury, learned counsel appearing for the respondents No.1 & 2 and Mr. D. Bhattacharya, learned G.A. appearing for the respondents No.3 & 4.

(2.) In terms of the order dated 13.10.2020, the minutes of the 225th and 226th meetings of the Tripura Khadi and Village Industries Board have been produced before this court by Mr. Chowdhury, learned counsel appearing for the respondents No.1 and 2. In the pendency of this writ petition, the original writ petitioner namely Swapan Bhattacharjee expired and in his place, his legal heirs namely Smt. Babita Bhattacharjee (widow) and Samrat Bhattacharjee (son) have been substituted. The original writ petitioner was serving as Supervisor (Village-Oil) under Tripura Khadi and Village Industries Board, hereinafter referred to as the board.

(3.) Mr. D. Bhattacharya, learned G.A. has made a statement before this court on 13.10.2020 that having the report of death of Swapan Bhattacharjee (the original writ petitioner) which occurred on 13.01.2019, the incidence of death was communicated by the Executive Officer, Tripura Khadi and Village Industries Board to the Commissioner of Departmental Inquiries, Government of Tripura on 08.02.2019 and based on the said information, the departmental proceeding was closed. There has been no challenge against the said order closing the departmental proceeding. Thus, it evinces from the records that the departmental proceeding did not culminate into any finding of fact in respect of any misconduct perpetrated by the original writ petitioner. Thereafter, by the memorandum dated 21.06.2016 Annexure-9 to the writ petition. it has been observed that the original writ petition had defied the lawful orders after his retirement on superannuation with effect from 06.04.2009 reporting to the board for purpose of physical verification of stock as he was in-charge of the store after retirement of one Kajal Chakraborty, foreman. As stated, he did not care to report for the said purpose and as a result, the physical verification of the stock and store could not be undertaken by the concerned official of the board. It has been also observed that in the 225th board meeting which was held on 09.09.2014 it had been resolved to take necessary administrative and legal steps against the original writ petitioner and others. The Government of Tripura had also approved the said decision of the Board on 04.12.2014. In the 226th board meeting the said decision was reviewed and further approved on 31.12.2014. In the 227th board meeting, which was held on 10.04.2015, the said issue was monitored and the action was called upon. The original petitioner by taking advantage of his official position had alleged mishandled the stock and store of C&B unit of the board. The Internal Verification and Assessment Committee by their report dated 06.09.2014 had highlightly embezzlement from the compilation of accounts and audit report dated 19.08.2015 furnished by C.A Firms, involvement of the petitioner has come to the fore. The said memorandum dated 21.06.2016 Annexure-P/9 to the writ petition. was served on the original petitioner as in the said memorandum the following action was suggested: