KRISHNA SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this writ petition filed in 1995, the petitioner has assailed the legality and validity of an order passed way back in 1977 by which his service as Constable under the respondents was dispensed with by way of removal from service pursuant to a departmental proceeding.

(2.) The petitioner who had entered the services of the respondents way back in 1968 as a constable was placed under suspension by Annexure-B order dated 14.8.1972 in contemplation of a departmental proceeding. In the meantime the petitioner was also involved in a criminal case registered under Section 307/326/114 IPC. However, he was acquitted from the criminal case as per judgment and order dated 4.3.78 passed by the learned Additional Sessions Judge, Agartala.

(3.) The departmental proceeding Under No. 64/76 was drawn up against the petitioner on 3.1.77 on the charge that he was found absent from roll-call etc. and also overstayed station leave with effect from 31.10.76 to 17.12.76. The petitioner submitted his written statement of defence denying the charge levelled against him. During suspension, the headquarter of the petitioner was fixed at Arundhuti Nagar Police Head Quarter in terms of the provisions of regulation 881 of the Police Regulation of Bengal, 1943 as was made applicable to the Tripura Police.it is the case of the petitioner that as per the judgment of the Calcutta High Court the clause has been held to be ultra vires of the Constitution and the law of the land.