L. SUNDARAJAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant petition has been filed at the instance of the delinquent who was charged for the misconduct which he had committed in discharge of duties and after held guilty in a disciplinary inquiry conducted against him under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short CCS(CCA) Rules, 1965) punished with a penalty of removal from service by the disciplinary authority under its order (Annexure-P/7) dt. 3/10/2012, on departmental appeal being preferred by the delinquent-petitioner while upholding the guilt the appellate authority converted the punishment from removal from service to compulsory retirement from service under its order impugned dt. 29/4/2015, which is the subject matter of challenge in the instant petition.

(2.) The facts in brief can be delineated for the present purpose are that the petitioner-delinquent was appointed as a Rifleman under the Tripura State Rifles (TSR for short) on 26/11/2008. For the alleged misconduct which he committed on 21/4/2012, he was placed under suspension in contemplation of enquiry vide order dt. 23/4/2012 and a memorandum along with statement of article of charges was served upon him dt. 11/5/2012. It may be appropriate to quote the statement of the article of charge in reference to which a disciplinary inquiry under CCS (CCA) Rules, 1965 was held against him:

(3.) It may be relevant to note that the nature departmental punishments for the misconduct being committed by the member of rifles (minor/major) would be inflicted upon the member of the rifles as specified u/Sec.12 of the TSR Act, 1983 and Sub-Sec. 6 of Sec.12 for the restriction in regard to the punishment specified in Clause-G to J can be inflicted upon the member of the rifles after holding an inquiry held in a manner as may be prescribed.