SUMAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 10.5.1996 of the learned Single Judge in Civil Rule No. 184 of 1996.

(2.) The facts briefly are that the Appellant was appointed as Rifleman and was enrolled as such on27.10.93 under the Commandant, 2nd Battalion, Tripura State Rifles. He suffered some ailment for which he was sent to the Police Hospital, Agartala and he received treatment at the said Hospital during the period from 14.2.1994 to 5.3.1994 and he was discharged from the hospital on 6.3.1994. Even after his discharge from hospital, the Appellant did not join his duties and he was served with some notices asking to join in service and, thereafter, discharged from service by order dated 30.6.1994 passed by the Commandant, 2nd Battalion, Tripura State Rifles. Aggrieved by the said order dated 30th June, 1994, the Appellant filed a writ petition under Article 226 of the Constitution which was registered as Civil Rule No. 184 of 1996. In the said writ petition, the Appellant contended that the impugned order of discharge was really an order of dismissal and has been passed without giving any opportunity to the Appellant to defend himself against the charge of misconduct as contemplated by Article 311 of the Constitution.

(3.) The Appellant also contended in the writ petition that a probationer could be terminated from service under Rule 15 (1) of the Tripura State Rifles (Recaiitment) Rules,' 1984 (for short, the Rules, 1984) on serving one month notice or on payment of one month's salary in lieu of the same under the orders of the appointing authority, but no such notice was served on the Appellant nor a month's salary was paid to the Appellant in lieu of such notice and instead the service of the Appellant was terminated purportedly under the said Rule 15 with retrospective effect from 10.3.1994.