PRABHAT CHANDRA SIL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. K. Pal, learned counsel and Mr. D. C. Roy, learned counsel appearing for the petitioner also heard Mr. M. Debbarma, learned Addl. G.A. and Mr. D. Sarkar, learned counsel appearing for the respondents.

(2.) The present petition has been filed under Article-226 of the Constitution of India for challenging the memorandum of article of charges vide memorandum dtd. 9/5/2017 and also petitioner challenged the inquiry report, provisional punishment order, final punishment order and order of the appellate authority before this Court for setting aside the said article of charges and orders of the respondents. Further, to set aside the false inquiry proceeding against the petitioner.

(3.) Brief facts of the case are that the while the petitioner was posted at Boudhjungnagar P.S. in the capacity of Officer-in-Charge, then the contraband items like contraband drugs (Phensedyl) and other were seized by the police of the said P.S. and those articles were kept in the Malkhana of the P.S. and after transfer of 6(six) months from the said P.S. to Kalamchaura P.S., the respondents initiated a false and fabricated departmental proceeding against the petitioner and others police staffs including Malkhana In-charge for misappropriation of said seized contrabands articles from the Malkhana of the P.S. and the respondents bring article of charges No. 1 to V against the petitioner and others staffs. During the inquiry, except the petitioner all other police staffs of the said police station were discharged from article of charges levelled against them.