SHYAMAL SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) I have heard Mr. A. Chakraborty, learned senior counsel assisted by Mr. P.K. Pal, learned counsel appearing on behalf of the petitioner. Also heard Mr. U.B. Saha, learned Govt. Advocate assisted by Mr. J. Majumdar, learned counsel for the respondents.

(2.) The sole question raised in this writ petition under Article 226 of the Constitution of India is whether the petitioner, a Constable under Tripura Armed Police, 1 st Battalion, is entitled to for promotion from Constable to the rank of Assistant Sub-Inspector of Police (Unarmed Branch), in short ASI, without appearing in further departmental examination though he once appeared and failed.

(3.) For the sake of proper discussion of the case in hand it would be necessary to refer to two Memorandum dated 3.1.81 and 10.11.87 issued by the Govt. of Tripura, Home Department in pursuance of Rule 11 of the existing Recruitment Rules relating to Departmental examination for promoting to the rank of ASI which are annexed as Annexure-6 and 6A to the writ petition as under: