Allowed

Khagendra Ch. Deb v. the State of Tripura and Ors.

Tripura HC10 Aug 2017WP(C)/98/2016

Case brief

AI extract

What is this about?

The court allowed an extension of time for a departmental proceeding against a delinquent officer. The extension facilitates the supply of seized financial documents (cash book, transfer journal, cash scrolls) held in court custody to the inquiry officer, enabling the delinquent officer to produce copies to the authorized bank officer.

What did the court decide?

Extension of time for two months; direction to Additional CJM to permit the bank to obtain copies of seized documents upon payment of cost.

Khagendra Ch. Deb Vs the State of Tripura and Ors. — Service and Employment | Tripura HC (2017)

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Noting by Officer or Advocate	Serial No.	Date	Office notes, reports, orders or proceedings With signature
			I.A. 01 of 2017 In WP(C) 98 of 2016 B E F O R E THE HON’BLE MR. JUSTICE S.TALAPATRA 04.01.2018 Heard Mr. GS Bhattacharji, learned counsel appearing for the respondent-petitioner as well as Mr. TK Deb, learned counsel appearing for the writ petitioner-respondent. This is a petition for extension of time as the respondents could not supply the documents to the delinquent officer (the writ petitioner) for the reason that the documents insisted by the delinquent officer viz. cash book, transfer journal and cash scrolls are lying in the custody of the court relating to the criminal trial being GR 603 of 2000. Mr. Bhattacharji, learned counsel has submitted that those documents are not been admitted in the record of evidence as yet and as such, according to ordinary process of the court no certified copy can be availed. Mr. Bhattacharji, learned counsel has further submitted that during the proceeding the delinquent officer has filed application for securing production of another 10(ten) new additional documents as would be evident from the order dated 12.10.2017 of the inquiry officer. Mr. Deb, learned counsel has submitted that the writ petitioner-respondent (the delinquent officer) will not insist all those ten documents at all, if the documents namely cash book, transfer journal and the cash scrolls are supplied to the petitioner. In such circumstances, this court has been persuaded to pass an order directingthe Additional Chief Judicial Magistrate, West Tripura, Agartala to allow the authorised officer, Tripura State Co-operative Bank Limited ,to have copies of the cash book, transfer journal and the cash scroll from the seized documents. The Additional CJM, West Tripura, Agartala shall be entitled to receive the actual cost of copying from the Tripura State Co-operative Bank Limited. For this purpose, the

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Tripura State Co-operative Bank Limited having referred this order shall make an application before the Additional CJM, West Tripura, Agartala for copies of those records namely cash book, transfer journal and cash scroll as seized by the police with an undertaking that they would pay the cost of copying those documents.

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At the time of delivery, the documents be handed over only to the said authorised officer. After receipt of those records from the court those be immediately supplied to the delinquent officer through the inquiry officer. For this purpose, this court is inclined to extend the time by further two months meaning the entire proceeding shall be completed within this extended period of 2(two) months commencing from today.

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A copy of this order be supplied to the learned counsel appearing for the parties.

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It is made clear that under whatsoever circumstances, time will be extended. If required, the proceeding may be carried on day to day basis.

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With this observation and direction, this petition stands allowed and disposed of.

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It is reiterated that if the proceeding cannot be completed within that extended period, the departmental proceeding shall stand terminated without any stigma to the petitioner.

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JUDGE

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Saikat

Khagendra Ch. Deb v. the State of Tripura and Ors.

Case brief

What is this about?

What did the court decide?

Khagendra Ch. Deb v. the State of Tripura and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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