SHRI PINAKI SAMANTA Vs. THE STATE OF TRIPURA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF TRIPURA AND ORS.

JUDGEMENT

(1.) THE petitioner while functioning as the Assistant Commandant, TSR, 9th Bn., was detained in a criminal case being Ompi PS Case No. 09 of 2008 and he was detained in the custody on 02.04.2008 and that continued for a period exceeding 48 hours. Having referred to that detention, the petitioner was placed under suspension in terms of Rule 10(2) of the CCS (CCA) Rules, 1965 by the order dated 04.04.2008, Annexure -P/1 to the writ petition. The petitioner was released on bail on 30.05.2008. Thereafter, the Deputy Inspector General of Police by an order dated 15.06.2008, Annexure -P/2 to the writ petition, has observed as under:

(2.) BY another order dated 17.06.2008, the petitioner was asked to give his daily attendance in the Office of the Dy. Inspector General of Police, AP (Adm. & Trg), Tripura, Agartala and for that purpose a new attendance register was opened. The petitioner made a representation on 19.08.2008 to express his dismay by the arrangement made by the Dy. Inspector General of Police, AP (Adm. & Trg), Tripura, Agartala and asked for paying the duty pay w.e.f. 05.06.2008 as he was attending the duty in terms of those orders. By the said representation dated 19.08.2008, Annexure -P/3 to the writ petition, he further asked for clarification to that whether he was still under suspension or not. However, on 09.02.2009 the petitioner made a prayer for review of the subsistence allowance and also for early disposal of the issue raised by him as regards his attendance and payment of the duty pay. The said representation dated 09.02.2009 was followed by another representation dated 17.03.2009, Annexure -P/4 to the writ petition, whereby the petitioner had firmly asked for revoking the order of suspension in terms of the judgment and order dated 04.03.2009 delivered in GR Case No. 41 of 2008 whereby the petitioner was acquitted from the charge levelled against him in the said criminal case. Since the petitioner did not receive any response, he submitted a fresh representation on 03.06.2009 for enhancement of his subsistence allowance in terms of FR 53(1)(i).

(3.) THE State had questioned that judgment and order of acquittal by filing an appeal being Criminal Appeal No. 02(2) of 2009 in the Court of the Sessions Judge, South Tripura, Udaipur but the said appeal was also dismissed and the appellate court has exonerated the petitioner totally. The reasons that is borne in the finding is extracted hereunder: