SWAPAN CHOWDHURY Vs. STATE OF TRIPURA; DIRECTOR GENERAL OF POLICE; DEPUTY INSPECTOR GENERAL OF POLICE, AP (ADMN & TRG); DEPUTY INSPECTOR GENERAL OF POLICE, (AP & OPS); COMMANDANT, TRIPURA STATE RIFLES (9TH BATTALION)

JUDGEMENT

(1.) By means of this writ petition, the petitioner has prayed for quashing of the order dated 27th July, 2010 whereby, the petitioner was dismissed from service and also for setting aside the order dated 21.02.2013 whereby, his appeal has been dismissed.

(2.) The brief facts of the case are that the petitioner was appointed as Enrolled Follower (Cook) in the Tripura State Rifles (9th Battalion) (hereinafter referred to as 'TSR'). On 14th December, 2009, a Memorandum was issued to the petitioner wherein it was proposed to hold an inquiry against the petitioner under Rule 14 of the CCS (CCA) Rules, 1965. The gravamen of the charge against the petitioner was that right from 12.03.2009, the petitioner had absented himself from duty without permission of the competent authority. It was also alleged that before the inquiry proceeding was initiated, letters were sent to the petitioner on 03.04.2009, 24.06.2009 and 21.08.2009 asking him to join duty by 18.04.2009, 10.07.2009 and 05.09.2009 respectively. Despite three opportunities being granted, the petitioner had not joined and hence, the inquiry proceedings. The petitioner was proceeded against ex parte in the disciplinary proceedings and on 27th July, 2010, an order was passed directing his dismissal from service. Appeal filed by the petitioner has been dismissed. Hence, this writ petition.

(3.) We have heard Ms. R. Purkayastha, learned counsel for the petitioner and the main argument of Ms. Purkayastha is that the petitioner in response to the Memo dated 14th December, 2009 had sent his reply and the same has not been considered. The second argument is that after the order proposing penalty of dismissal from service was issued on 03.07.2010 sufficient time was not given to petitioner to submit his representation and the order was passed dismissing him from service on 27.07.2010. It is averred that in fact, the petitioner received both the order of dismissal and the Provisional order on 3rd July, 2010.