AKHIL CHANDRA BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the D.O. No.2399/2015 dated 24.07.2015 which is the final order in the departmental proceeding No.18/2006 [Annexure-C to the writ petition]. The petitioner has further challenged the order dated 27.11.2006 passed in the appeal by the Deputy Inspector General of Police, South Range [Annexure-D to the writ petition]. The petitioner has urged this court to issue mandamus on the respondents to reinstate the petitioner in the service with all service and pecuniary benefits.

(2.) This is the second round of litigation. Earlier, the petitioner filed the writ petition being WP(C)No.306 of 2008 challenging the provisional order of punishment dated 17.08.2008 on culmination of the departmental proceeding. The said writ petition was disposed of by the judgment dated 10.03.2015 with the following directions :

(3.) The writ petition is extremely sketchy and the relevant documents are not made part of it. Even the memorandum of charge has not been placed with the writ petition. On the face of it the writ petition should have been dismissed but considering the petitioner has been thriving for justice for long, this court has tried to pull up the materials from all the available records. It appears that the petitioner was appointed as the constable of police on 31.10.1987. The petitioner had served the respondents for more than 25 years when he filed the present writ petition on 02.12.2015. Two departmental proceedings being D.P.No.22/1994 (later on, renumbered as D.P.No.18/2006) and D.P.No.23/1994 (later on, renumbered as D.P.No.19/2006) were drawn on 06.04.1994 on the following article of charges :