MD. JAMAL MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has sought for setting aside the impugned show cause notice dated 18.5.2007 (Annexure P -8 to the writ petition) whereby the petitioner was asked to explain as to why the period of his suspension from 4.4.92 to 22.8.92 would not be treated as 'Non duty ' and the impugned order dated 3.7.2007 (Annexure P -11 to the writ petition) by which the petitioner was informed about his non -entitlement of pay and allowances for the period of suspension i.e. from 4.4.92 to 22.8.92 and the dismissal period i.e. from 23.8.94 to

(2.) 12.96 (Annexure P - 9 and Annexure P -11 to the writ petition respectively). 2. Heard Mr. Somik Deb, the learned counsel for the petitioner as well as Mr. T.D. Majumder, learned Govt. Advocate appearing for the State respondents.

(3.) THE brief facts needed to be discussed are as follows: The petitioner, while working as Junior Operator (Pump) in the office of the Assistant Engineer, Public Health Engineering Sub -Division No IX, Santirbazar under the control of the Executive Engineer, Public Health Engineering, Division No. III, Udaipur, was arrested on 3.4.1992 in connection with Bishalgarh P.S. case No. 24(3)/1992 registered under Sections 302/34 IPC alleging that the petitioner had committed murder of one Mukbul Miah. Consequently, vide order dated 21.9.1992 (Annexure P -1 to the writ petition) issued by the Engineer -in -Chief, Public Works Department, the petitioner was placed under suspension from the date of his detention i.e. from 4.4.92. Thereafter, vide judgment dated 23.8.1994 passed in Sessions Trial No. 149 (WT/A)/1993, the learned Sessions Judge, West Tripura convicted him for commission of offence under Section 302 IPC and sentenced him to suffer rigorous imprisonment for life and after the petitioner was convicted and sentenced for life by the learned Sessions Judge and consequent thereof, he was dismissed from service by order dated 14.9.1995 (Annexure P -3) of the Chief Engineer, PWD (PHE), Agartala.