AMIT DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner Amit Debbarma has prayed for a stay of disciplinary proceedings instituted by the competent authority under a charge-sheet dated 9th November, 2018 till conclusion of a criminal trial which he is facing and in which according to him the charges and the evidence are substantially similar to those involved in the departmental charge-sheet.

(2.) Briefly stated the facts are as under :

(3.) It appears that the FIR was registered by the police on the basis of information hurriedly collected regarding the incident. The departmental authorities carried out its own internal inquiry which was entrusted to Assistant Commandant of 2nd Battalion. He recorded the statements of several witnesses who were present around the scene of incident at the time when this incident took place and had some information to share with the department. He presented his report on 24.09.2018. According to this report, there was more than what meets the eye. In the nutshell, the reporter Sudip Datta Bhowmik was shot by Nanda Kumar Reang under the instructions of the Commandant Tapan Debbarma and in the incident the present petitioner Amit Debbarma and Dharmendra Kumar Singh were also involved. As per the witnesses, it was the petitioner along with Dharmendra Kumar Singh and Nanda Kumar Reang who had taken the reporter to the parade ground and it was again the petitioner Amit Debbarma who had gone to the office and returned to the ground few minutes later and ordered Nanda Kumar Reang to fire on the reporter under the orders of the Commandant upon which Nanda Kumar Reang had shot the reporter.