PRADIP DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. K. Nath, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharya, learned G.A. appearing for the respondents.

(2.) The petitioner, while working as the Special Police Officer (SPO) was put the victim [the name withheld] to threat and sexual assault and on complaint, a police case was registered against him being ABS P.S. Case No.06 of 2015 under Section 376/506 of the IPC and he was arrested in that case. Thereafter, the final report charge-sheeting the petitioner was filed and cognizance was taken against him under Section 376/506 of the IPC. The matter was committed to the court of the Additional Sessions Judge, Unakoti Judicial District, Kamalpur and the charge was framed against him in Case No.ST 38(NT/KMP)/2015.

(3.) By the discharge order No.1680-85/SP(DIB)/DLI/JWH/15 dated 12.02.2015 [Annexure-2 to the writ petition], the petitioner was discharged from the service on the ground of serious mis-conduct with effect from 04.02.2015(afternoon). When the said order dated 12.02.2015 was passed by the Superintendent of Police, Dhalai District, Jawaharnagar, the petitioner was in custody but later on, the petitioner filed an appeal on 20.12.2016 [Annexure-3 to the writ petition] challenging the said order on the ground that he did not commit any mis-conduct and he was falsely implicated in the said case. The said appeal was dismissed by the order dated 20.01.2017 [Annexure-4 to the writ petition].