RANA KISHORE DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner has challenged an order dated 23.08.2012 passed by the Superintendent of Police, Dhalai District, Jawaharnagar imposing punishment of removal from service on the petitioner.

(2.) Brief facts are as under :

(3.) The petitioner denied the charges upon which a departmental inquiry was conducted. The Inquiry Officer submitted a report to the disciplinary authority holding that the charges are proved. The disciplinary authority thereupon passed a provisional order dated 01.05.2012 proposing punishment of removal from service on the petitioner. The petitioner replied to the said communication under a representation dated 09.06.2012 alleging that the inquiry was not conducted in consonance with the rules of natural justice. He also produced an affidavit of the victim girl stating that there was no rape committed on her by the petitioner and that the issues were resolved. The disciplinary authority passed the impugned order dated 23.08.2012 removing the petitioner from service. The petitioner preferred a departmental appeal in terms of the service rules. For a long time he did not file any such appeal. He, however, later on preferred a representation to the authorities in which he pointed out that in both the criminal cases, namely, one alleging rape and another of escaping from the police custody he had been acquitted. He, therefore, prayed for reinstatement in service. The Deputy Inspector General of Police, Tripura by his order dated 20.03.2015 rejected such representation. He noted that the petitioner had not filed any appeal within the time, however, he considered the representation of the petitioner on merits. He noted that the victim girl who had filed a complaint against the petitioner appeared before him and stated that the issues were resolved through the involvement of the panchayet where the petitioner was fined. She, therefore withdrew her allegations. He also recorded that before him the petitioner had appeared in person and stated that while he was in police custody he was mentally disturbed and it was, therefore, that he had gone away unknown to himself.