TIWN Jan 14, 2020
AGARTALA, Jan 14 (TIWN): Tripura High Court has cancelled illegal termination of a pump operator Uttam Deb who was terminated in an order by Minister Manoj Kanti Deb. At the same time, High Court also has cancelled the illegal recruitment of one Joyjeet Mandal who was recruited under the recommendation of Minister Manoj Kanti Deb. Advocate Biplab Debnath has represented the petitioner in the High Court before the bench of Justice Subashish Talapatra.
The High Court totally scrapped the order on the illegal termination of one pump operating employee Uttam Deb and recruitment of new pump operator under BJP Minister's recommendation.
Uttam Deb of Dhalai District was recruited in 2016 as pump operator but suddenly on November 19, 2018, on the recommendation of Minister Manoj Deb, Uttam Deb was lettered to be replaced by one Joyjeet Mandal. Joyjjit Mandal was recruited under recommendation of Minister Manoj Deb.
On behalf of Uttam Mandal, advocate Biplab Debnath told the High Court that a Minister has no power to recommend a person in a departmental recruitment and Court also made it clear that no Minister can recommend anyone like this.
Moreover, in case of termination, a person has to be given proper notice under Act 311 and then the employ’s answer will depend whether to terminate him or not.
According to 21 section of the constitution, this decision has hit the “Right to live” and “Right of Livelihood” of Uttam Deb. At the same time, how Minister can recommend a person for appointment the Advocate it has raised question and the petitioner also demanded the BDO’s suspension.
Noteworthy, under BJP Govt around thousands of employees who were working in contract were terminated.
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