MASADDAR ALI Vs. STATE OF TRIPURA AND OTHERS

JUDGEMENT

(1.) This writ appeal is directed against the judgment passed by a learned single Judge of this Court delivered in WP(C) No.268 of 2006 on 19th February, 2014.

(2.) The undisputed facts are that the appellant-petitioner was working as a Teacher in Irani High School at Kailashahar. On 8th December 1997 the mathematics examination was to take place and the prosecution story is that a complaint was received from certain students and one Sri Bidhan Choudhury that handwritten papers are in circulation and on opening of the papers it was found that the hand written questions tallied with the mathematics paper.

(3.) It is not disputed that on 1st December the petitioner had received the mathematics paper and instead of handing over the same to his co-accused on the very same day as required under law he had kept it with himself for two days. Charge was framed against the petitioner and one Sri Sunil Chandra Das, Assistant Headmaster of the school. Charge reads as follows :