Tripura High Court
Sri Rabindra Debbarma vs The State Of Tripura on 4 April, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
WP(C) NO.726 OF 2023
Sri Rabindra Debbarma, NK (GD)
......Petitioner(s)
Versus
The State of Tripura
.......Respondent(s)
For the Petitioner(s) : Mr. D.C Roy, Advocate.
Mr. A.K. Pal, Advocate.
For the Respondent(s) : Mr. D. Sharma, Addl. G.A.
Date of hearing and delivery of
Judgment & Order : 04.04.2024
Whether fit for reporting : NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
J U D G M E N T & O R D E R(ORAL)
Heard Mr. A.K. Pal, learned counsel appearing for
the petitioner as well as Mr. D. Sharma, learned Addl. G.A.,
appearing for the State-respondents.
2. This present writ petition has been filed under
Article 226 of the Constitution of India seeking the following
reliefs:-
"i) Admit the writ petition of the petitioner;
(ii) Issue notice upon the respondents;
(iii) Call for the relevant records from the custody of the respondents;
(iv) After hearing the parties, Your Lordship would be kind enough to
consider the writ petition filed by the petitioner and also kind enough to
set aside/quash/cancel inquiry report, provisional punishment order,
final punishment order and order of the appellate authority;
(v) The petitioner also prays before Your Lordship to reinstate the rank
of the petitioner as Naik from Rifleman (GD) which was step down by
the Disciplinary authority by order dated 31/03/2023 for fair ends of
justice.
(vi) To pass any order /orders as deem fit and proper by Your Lordship;
3. The brief fact of the case is that the petitioner is a
government employee under respondent no.3 in TSR, 2nd Bn, in
the capacity of Rifleman GD. In connection to the kidnapping of a
lady and damaging of public property, an FIR was lodged by SDPO,
West Tripura before the O/C of Bodhjungnagar P.S. against the
petitioner and the case was registered as Bodhjungnagar P.S
32/2017 under Section 148/149/153(A)B/153
B/332/353/436/427/436/188/120(B) of Indian Penal Code and
Section 3 of the Prevention Damage to Public Property Act, 1994.
After lodging the FIR, police filed charge sheet against the petitioner
before the learned C.J.M, West Tripura, Agartala, and in the mean
time, respondent no.3 i.e., the Commandant 2nd Battalion, TSR
started departmental proceedings based on said allegation of the
SDPO. Thereafter, a final punishment order was passed by the
Disciplinary authority, and the respondent Commandant imposed
major punishment against the petitioner of reduction in substantive
rank upon No. 98060475 NK (GD) Rabindra Debbarma, 13th Bn,
TSR from existing rank "NAIK" to 'RIFLEMAN' with effect from the
date of issue of the final order. Thereafter the petitioner filed an
appeal before respondent no. 6 i.e., the Director General of
Police,(AP Ops), West Tripura against the final punishment order
dated 31/03/2023. But no fruitful result came from respondent No.
6. Hence the petitioner filed this writ petition before this Court
seeking the above-mentioned reliefs.
4. Mr. A.K. Pal, learned counsel appearing for the
petitioner submits that the petitioner has absented himself from the
barrack only for one day and the punishment imposed is a major
punishment and disproportionate to the charge levelled against the
petitioner. As such, learned counsel urged this Court to allow this
appeal.
5. On the other hand, Mr. D. Sharma, learned Addl.
G.A., appearing for the respondents submits that the punishment
imposed against the petitioner is just and proper and is in terms of
the TSR Act, 1983. The conduct of the petitioner is liable to attract
major punishment and the punishment imposed by the disciplinary
authority which is confirmed by the final punishment order is proper
and in accordance with law.
6. Heard and perused the evidence on record.
7. On the date of the incident i.e. on 31.07.2017 and
in the intervening night of 31.07.2017 and 01.08.2017, the
petitioner absented him unauthorisedly from the barracks and was
found along with a female in a premise and thereafter, the police
registered a case against him and other local residents. In
connection to that said incident, mob of around 300 to 350 people
came and attacked the police and other security personnel. The
police apprehended that the petitioner had kidnapped the female.
8. In so far as the allegation of kidnapping is
concerned, it is not for this Court to go into the issues since
disciplinary proceedings and criminal proceedings will take care of
the same. However, the main issue herein i.e., the imposition of
punishment is concerned, the petitioner absented himself
unauthorisedly, and instead of being in the campus, he left the
campus. Thus considering the entire scenario, though part of it was
not proved, the authorities have considered leaving of premises
unauthorizedly as major misconduct and imposed punishment. The
provisional punishment order has been confirmed by the final
punishment order and the order ended in appeal. Since this is a
disputed questions of facts and admittedly, the petitioner was out of
campus, this Court is not inclined to interfere. Accordingly, this
present writ petition stands dismissed.
9. As a sequel, stay if any stands vacated. Pending
application(s), if any also stands closed.
JUDGE
suhanjit
RAJKUMAR Digitally signed by
RAJKUMAR SUHANJIT
SUHANJIT SINGHA
Date: 2024.04.06
SINGHA 13:04:19 +05'30'
