FULKUMAR SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By filing this writ appeal, the appellant has challenged the judgment and order dated 21.05.2020 delivered by the learned Single Judge in WP(C) No.185 of 2017 declining to interfere with the order of dismissal dated 04.05.2016 issued by the Commandant, 2nd Battalion, Tripura State Rifles (TSR in short) whereby the appellant was dismissed from service on the ground of misconduct.

(2.) The factual background is as under:

(3.) The appellant was asked to submit his representation admitting or denying the said charge. Vide his representation dated 27.06.2015 [Annexure-2 of the writ petition] the appellant admitted the charge of unauthorized absence from 05.02.2015 and it was pleaded by him in his defence that he could not perform duty because of his sickness and the sickness of his wife and child who were ill from 05.02.2015 to 25.03.2015. It was also pleaded by him that since there was no other male member in his family, he could not submit any intimation to his department regarding his illness.