SHIBNARAYAN LODHI, SON OF LATE PARAMANANDA LODHI Vs. STATE OF TRIPURA; DISTRICT MAGISTRATE & COLLECTOR DHALAI DISTRICT, AMBASSA; SUB-DIVISIONAL MAGISTRATE GANDACHARRA, DHALAI DISTRICT, TRIPURA

JUDGEMENT

(1.) The petitioner while working as the night guard at Kamalpur was implicated in a criminal case being Kamalpur PS Case No.38 of 1995 for allegedly assaulting one Smti. Fulmati Gour alias Jhunu. He was arrested and his custody detention was more than 48 hours. As a result of this, he was placed under suspension by the District Magistrate & Collector, Dhalai by the Order No.DM(D)/ESTT/7(32)/2660-61 dated 25/26.09.1995 in terms of Sub-Rule (2) of Rule 10 of the Central Civil Service(Classification, Control and Appeal) Rules, 1965 until further order.

(2.) In due course, the petitioner was charged and tried by the Addl. Sessions Judge, North Tripura, Kailashahar in ST7(NT/KMP)/1996 originated from Kamalpur PS Case No.38 of 1995. By the judgment and order dated 05.09.1996 the petitioner along with two others was convicted and sentenced under Section 324 of the IPC. On appeal being Criminal Appeal No.38 of 1996 the Hon ble High Court interfered with the conviction, returned by the trial court, under Section 324 of the IPC. But the conviction was converted under Section 323 of the IPC. The petitioner was sentenced to a fine of Rs.300/- by the judgment and order dated 18.12.2001 in the said appeal.

(3.) By the order under No.DM(D)/Estt/7(89)/1403-05 dated 13.02.2002 the order of suspension was revoked. The period of suspension has been declared not to be treated as on duty. It has been directed to be regularised by grant of admissible leave, if applied for.