AGARTALA, December 11 (TIWN): An inexperienced Law Secretary D.M.Jamatia already rubbing the wrong shoulders on the issue of job crisis of 10323 teachers and SC/ST promotion issue. Not only that, D.M.Jamatia's note on 24th Nov criticizing Hon. Chief Justice is creating furors among official and legal circles in Tripura. Due to D.M.Jamatia's inept handling of the case in High Court, Govt had to bite the dust as Tripura High Court termed earlier recruitment of 10323 teachers recruitment unconstitutional on May 7,2014. D M Jamatia’s note on 24th Nov can also be termed as ' Contempt of High Court’s authority'. As per Legal experts view on SC/ST promotion case, State Govt most likely to lose its face and if such happens, Law Secretary and his Deputy too may face imprisonment or termination from their service. Law Secretary D.M.Jamatia blamed Hon.Chief Justice Deepak Gupta for being furious and accused Chief Justice for demoralizing D.M.Jamatia, officials in a note sent to Chief Minister Manik Sarkar.

In a historical judgement on May 7th, Wednesday, a division bench of High Court of Tripura comprising Chief Justice Deepak Gupta and Justice S C Das had cancelled the job of  10323  teachers in different government schools. High Court observed that state government’s argument of need and merit based employment for the teachers, the court maintained that the revised employment policy appeared to be beyond the constitutional limits and commented: “The way the government had selected candidates was totally unconstitutional”. Later on the basis of interlocutory application in Supreme Court, date of hearing fixed on 9th January.

On 24/11/2014 D M Jamatia sent a note for the CMs approval regarding the payment of Rs 25 lakh for 'desired fees and TA/DA' of the lawyers appointed to save his own job along with his Deputy Sarbari Das and CM too approved the same on that very day. But the point is in order to save his personal interest how can a Law Secretary may term the role of the Chief Justice as ' preconceived'?

Key points of the note given by D M Jamatia on 24/12/2014  that needs highlight :

1) In Para 6 of this note D M Jamatia wrote," The Chief Justice become furious and directed to initiate contempt case against Deputy Secretary(Law) and against the undersigned but not against the Advocate General who has examined the same issues and endorsed our views." ( please notice that Jamatia used the word ' become' instead of 'became')

2) In Para 8 of his note Jamatia wrote," .... .... but the High Court of Tripura, with preconceived mood, has initiated contempt ... ...."  

3) Again in Para 9 D. M. Jamatia wrote ," Today Mr Tapan Chakraborty, Law Minister TD me that he will come to Agartala on 27.11.2014 but  the case is fixed on 28/11/2014 . He told me that best lawyers should be engaged and he suggested to directly place the file to the Hon'ble Chief Minister for immediate approval..... "

        Interestingly it has been found that while addressing CM, Datamohan has used the term ' Hon'ble' but in the case of Law Minister he used the term ' Mr Tapan Chakraborty' which is considered to be as indecent. Also Datamohoan mentioned ," ... ...The Chief Justice is trying to demoralize us...." After this note several questions have already started to rise:-

1) Has Datamohan forgotten his limit as a Law Secretary of a state?

2) How can he use the words ' preconceived' and ' furious' while giving notes on H C verdict?

3) Has he become indecent or intentionally used the term ' Mr Tapan Chakraborty' to please Chief Minister Manik Sarkar( by using 'Hon'ble' before Chief Minister)?

 Law Secretary D.M.Jamatia's note to Chief Minister and complaints against Hon. Chief Justice

       It is to be mentioned here that state govt has already spent Rs 25 lakh to hire lawyers to fight in favour of state govt in the much hyped SC/ST promotion case filed by the Officers' Welfare Association. Again based on the note given by Datamohan state Finance Department has further released Rs 25 lakh (vide No.F.5(01)-FIN(B)/2000/15150-56) dated 4/12/2014 ( Sanction code FR Code No 0893/14-15). Thus, Rs 50 lakh has already been sanctioned in a single case  though on two different grounds). The role of the state govt is being severely criticised by the state govt officials. They hold the view," Simply to save 2 officials from termination state govt has spent Rs 25 lakh but in the 10323 teachers' termination case state govt has gone through the opposite direction. CPI(M) employees wing TGEA H B Road is already learnt to have collected more than Rs 10 crore from the state employees( Rs 1500/-, Rs 1000/- and Rs 500/- at least from the terminated PGT GT and UGT respectively).

      Again violating his own limit Datamohan put his critical remark on the HC saying," In the instant case we did not show any disrespect to the order, rather without touching the stay order , we have shown the way out to the Gift, but the High Court of Tripura, with preconceived mood, has initiated contempt 2(two) of us who participated in the total process of exchange of views . The law does not permit it,... ... The Chief Justice is trying to demoralize us... ... "

Can Datamohan use such terms being a Law Secretary and that too against the Chief Justice of High Court? Datamohan also wants the HC to charge Contempt of Court against Advocate General as he categorically mentioned ," The Chief Justice ... .... to initiate contempt case Deputy Secretary(Law) and against the under signed but not against the Advocate General who has examined the same issues and endorsed our views".

       Now all eyes are on the HC and the CM. Few questions still remains to be solved:-

1) Will HC again ask Datamohan to clear his views on his ' beyond the limit' comment against HC and the Chief Justice?

2) Will Chief Minister Manik Sarkar still support such an irresponsible Law Secretary  Datamohan, who was once a hardcore SFI like CM Manik?

3) Will the Law Minister Tapan Chakraborty ask Datamohan for giving explanation regarding his attempt to divert the state govt attention in the SC/ ST promotion case and  also for sanctionning Rs 25 lakh by giving false argument simply to save his own job as well as his Deputy?

In recent months various acts of the Manik Sarkar led LF Govt sternly criticized by the High Court and two of the most hotly debated cases are :

1) Termination of 10323 teachers' jobs and treating the Recruitment policy of the state govt as' Unconstitutional'

2) High court full Bench Hearing of the SC/ST Promotion Case

In the case no. 1 state govt is awaiting for the Supreme Court's verdict; though suspense has already started to pile up. And in case no 2, state govt is almost certain to face another humiliation ( as per legal experts). But in both the cases it is certain that state govt and of course its ultimate boss Manik Sarkar went against the legal provisions and in all these activities he is being guided by his ' faithful ' legal advisors. And to do this even does not think once before wasting more than Rs 50 lakh rupees simply to save two persons only.

In the SC/ST Promotion case when Law Secretary Data Mohan Jamatia too seemed to have forgotten the basic principles of decency.

        The issue is now being discussed after the note of the Law Secretary D M Jamatia got leaked in media. Losing the basic minimum requirements especially in a case which is still under trial, D M Jamatia's note got approval from Chief Minister Manik Sarkar ( See signature of CM with date). It is no surprise that Datamohan is one of the most favoured legal experts of Manik lobby as since his school days Datamohan was a hardcore SFI worker(from the time of his studying in Ramesh H S School,Udaipur). Naturally CM usually does not think it otherwise whenever any file is sent from Datamohan for his approval.