LAWS(GAU)-2006-8-49

STATE OF TRIPURA Vs. KRISHNA KANTA DEBBARMA

Decided On August 31, 2006
STATE OF TRIPURA Appellant
V/S
KRISHNA KANTA DEBBARMA Respondents

JUDGEMENT

(1.) The State of Tripura has preferred this appeal against the judgment of the learned Single Judge allowing the writ petition being Civil Rule No. 632 of 1992 by setting aside the impugned order by which the writ petitioner, who is the respondent herein, was discharged from service during the period of probation.

(2.) The petitioner was appointed as Constable under the appellants by order dated 25.11.1992. While he was under going training, he was discharged from his temporary service invoking Rule 746 (k) of the Police Regulations of Bengal, 1943 (P.R.B.). The order of discharge was passed on 24.08.1994. There is no dispute that the petitioner was in temporary service and on probation when the impugned order of discharge was passed. There is also no dispute that the petitioner while undergoing training in the Police Training College at Narshingarh remained unauthorizedly absent for the period from 06.04.1994 to 29.06.1994, i.e. for about three months. After reporting for duty after the said period of absence, he again remained absent w.e.f. 01.07.1994 to 04.07.1994.

(3.) The P.R.B. 746(k), invoking the provision of which the petitioner has been discharged from service, reads as follows:-