GOURANGA CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Special leave granted. Heard of both the parties.

(2.) This appeal on special leave is against the judgment and decree passed by the Gauhati High Court on July 15, 1987 in Second Appeal No. 22 of 1981 reversing the judgment and decree dated July 24, 1981 made by the additional District Judge, West Tripura District, Agartala setting aside the judgment and decree passed by the Munsiff, Sadar, Tripura in Title Suit No. 33 of 1973 dismissing the Suit without costs.

(3.) The plaintiff-appellant was enrolled as a Constable No. 66922189 under 92 Bn, BSF in Tripura and he was serving as such since 1966. He is alleged to have been confirmed in the said post while so posted to B.O.P. at Ajgar Rahamanpur being a member of the 6th platoon under B, Company Commandar Radhanagar. In 1971, he was granted leave from 25-10-71 to 30-10-1971 on account of the death of his father. As the Sradh ceremony could not be performed within the aforesaid time and he was suffering from serious illness he made an application requesting for extension of leave supported by a medical certificate. On December 12, 1971 the appellant received a communication from the Commandant stating that as he was absent without leave from 31-10-1971 so he (the Commandant) was of the opinion that because of this absence without leave for a long period his further retention in service was undesirable. He proposed to dismiss him from service. The appellant was asked to submit his explanation against the imposition of this penalty before December 25, 1971. The appellant sent a telegram on December 21, 1971 but without any redress. On January 5, 1972 he received an order from the Commandant, 92 Bn. BSF informing him that he had been dismissed from service. On January 10, 1972 the appellant again prayed for permitting him to join his service but he was not allowed to do so. The appellant preferred an appeal to the Inspector General, BSF (Police), Government of Tripura on February 1, 1972 which was received by him on February 3, 1972. No relief was granted to him.