RAKHAL CHANDRA SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. A. L. Saha, learned counsel appearing on behalf of the petitioner and Mr. T. D Mazumder, learned counsel appearing on behalf of the respondent.

(2.) BY making this writ application under Article 226 of the Constitution, the writ petitioner, who while working, at the relevant time, as a Cook -cum -Attendant -cum -Chowkidar at Gomati Forest Division under the Department of Forest, Government of Tripura, was removed from service, has challenged the order, dated 10.3.2003, issued by respondent No. 3, namely, the Principal Chief Conservator of Forests, Government of Tripura.

(3.) THE petitioner, however, as it appears from the record, under a mistaken belief that he had been exonerated of the charges, did not make any representation against the findings readied by the Enquiry Officer in the said enquiry report; rather, he made a representation to the respondent authority concerned stating that the High Court, having directed his reinstatement in service, he could not have been proceeded against any further. As the petitioner did not submit his representation against the enquiry report, an order was passed, on 10.3.2003, by the respondent No. 3 removing the petitioner from service. Aggrieved by this order, the petitioner preferred an appeal, which was also turned down by an order passed, on 28.10.2003, by respondent No. 2.