LAXMAN SATNAMI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner has challenged an order dated 26th April, 2014 passed by the disciplinary authority imposing punishment of dismissal from service on the petitioner upon establishment of charge of long unauthorised absence from duty.

(2.) Brief facts are as under: The petitioner joined the Tripura State Rifles (for short, TSR) as a Rifleman(GD) on 31.10.1998. When he was posted at 1st Bn. TSR at Gokulnagar, he availed of 30 days' earned leave between 22.12.2011 to 20.01.2012. He was supposed to resume duty on 21.01.2012. He did not resume duty nor intimated to the department the reasons for his absence. Communications were issued to him to resume duty. For his continuous absence without leave, a charge sheet was issued on 10th January, 2013 alleging that the petitioner had remained absent unauthorisedly from 21.01.2012 onwards.

(3.) The record would suggest that though the petitioner was served with the charge sheet, he neither filed a reply nor participated during the departmental inquiry. The Inquiry Officer submitted his report whereupon the disciplinary authority issued a provisional order dated 17th January, 2014 proposing to impose a punishment of dismissal from service on the petitioner and further providing that the period of absence would be treated as dies-non. Again, despite communication of this provisional order by the department to the petitioner he made no representation. Eventually, therefore, the disciplinary authority passed the dismissal order dated 26th April, 2014 imposing the above punishment. Once again, the petitioner did not react to the said order for a long time till he preferred an appeal before the appellate authority on 04.11.2016. Such an appeal was dismissed as time barred. His further revision petition was also not entertained on the same ground whereupon the petitioner has preferred this petition.