SUBODH JAMATIA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged the order dated 8th February, 2002 whereby he was discharged from service on the ground that he had been convicted in a criminal case WP(C) 72 of 2010 under Sections 41/49/464 IPC by the learned Assistant Sessions Judge, South Tripura, Udaipur and sentenced to undergo imprisonment for three years and to pay a fine of Rs. 1,000/ -.

(2.) IT would be pertinent to mention that the petitioner at the relevant time was employed as Naib Subedar (GD) in the 5th Battalion, Tripura State Rifles (IR). There is no other ground for discharging him from service but his conviction.

(3.) WE may also mention that though the order was passed in 2002, the petitioner was acquitted finally on 01.10.2008 and thereafter the petitioner made a representation to the government for being reinstated in service on 18.03.2009. No action on his representation was taken and the only explanation given is that thereafter the petitioner approached the High Court and since the matter was sub judice no decision was taken on the representation.