STATE OF TRIPURA Vs. PRIYABANDHU CHAKRABORTY

JUDGEMENT

(1.) This appeal is directed against the judgment of the Gauhati High court dated 8/12/1982 whereby the writ petition filed by the respondent has been allowed and the order dated 27-4-1982 regarding dismissal of therespondent from service as well as the order dated 11/8/1982 passed by the appellate authority have been set aside.

(2.) The respondent was employed as Writer Constable in Police Department of the government of Tripura. Disciplinary proceedings were initiated against him on the basis of the memorandum dated 11/5/1981 issued by the Superintendent of Police, Tripura, Agartala. It was accompanied by a charge-sheet containing two charges. An inquiry was conducted into the charges by the Additional Superintendent of Police. In his inquiry report dated 2/4/1982, the Inquiry Officer foud both the charges proved. On the basis of the said report of the Inquiry Officer, the Superintendent of Police, Tripura, Agartala, passed the order dated 27/4/1982, whereby the punishment of dismissal from service was imposed on the respondent. The appeal filed by the respondent against the said order of dismissal was dismissed by the Deputy Inspector General of Police (HQ) , Tripura, by order dated 11/8/1982.

(3.) The High court has set aside the order of dismissal as well as the order passed by the appellate authority on the ground that the disciplinary proceedings were governed by the disciplinary regulations for police officers of subordinate rank in Tripura Police made in exercise of powers under Section 7 of the Police Act, 1861, vide notification dated 17/2/1968, whereunder the Superintendent of Police did not have the power to punish the respondent. The High court has found that such powers were conferred on the Superintendent of Police only by notification dated 10/3/1982 and since the disciplinary proceedings against the respondent were initiated prior to 10/3/1982, and the notification dated 10/3/1982 did not have retrospective effect, the order passed by the Superintendent of Police on 27/4/1982 was invalid,