SUDHIR KUMAR SHARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Both the writ petitions are taken up together for hearing and disposal at the instance of learned counsel of both side, since under the writ petitions, single order passed by the disciplinary authority and affirmed by the appellate authority against the petitioners, has been challenged.

(2.) Heard learned counsel, Mr. P.K. Dhar for the petitioners in both the cases and learned counsel, Mr. N. Majumder for the respondents in WP(C) No.197 of 2003 and learned counsel, Mr. J. Majumder in WP(C) No.430 of 2004.

(3.) Indisputably, the petitioners were holding the post of Naik in the 3rd Bn. TSR and posted at Ravanpara under Dhalai District. On 24.05.2001, at the time of regular roll -call the petitioners along with another TSR Naik, Bidya Ratan Sinha were found absent. On search they were not available in the TSR camp premises. The Camp In -charge stuck in with anxiety since it was extremists infested area. Immediately thereafter, the Camp In - charge, Mr. B.P. Chakraborty along with a few staff went out to search the missing TSR personnel, i.e. No.85011099 Nk(GD) Sudhir Kumar Sharma, No.85010720 NK(GD) Dinesh Debnath and No.85011158 NK(GD) Bidya Ratan Sinha, and, on search they were found consuming country liquor in a 'tong' house belonged to one Harikumar Reang. The Coy. Commander ordered them to immediately proceed to the TSR camp but they paid no heed, rather they abused the Coy. Commander and physically assaulted him. Thereafter, the Coy. Commander returned to the camp. At about 1.30 pm, the petitioners along with the other TSR Naik, Bidya Ratan Sinha together returned to the camp in a state of intoxication and with an aggressive mood and they unauthorizedly entered in the room of the Coy. Commander, Mr. B.P. Chakraborty (Assistant Commandant) and abused him with filthy words and assaulted him physically.