ASHUTOSH GOPE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this writ petition filed on 31.1.02, the petitioner who is a Police constable has called in question the correctness and legality of the order of punishment in a disciplinary proceeding which was imposed on 9.11.91 by the Superintendent of Police, West Tripura, Agartala, after more than ten years.

(2.) The petitioner while in service as Police constable faced a proceeding on the allegation that on 9.8.77 at about 6 pm he along with two others attacked and severely assaulted one Hemanta Bhowmik. The charges against him were framed under Section 307 and 323 IPC and after a full dressed trial he was found guilty under Section 323 IPC and slapped with a sentence of three months rigorous imprisonment. The conviction and sentence having been assailedby him in Criminal Appeal No. 03 of 79, this court (Y. I. Singh,J) by judgment dated 7.2.90 upheld the conviction but allowed him to be released on Probation of Good Conduct on entering into a bond of Rs. 1000/- with one surety of the like amount. Certain observation was made in para 12 of that judgment which having a direct bearing on the present controversy is reproduced below:

(3.) On 12.10.90, after a period of more than one and a half years from the date of disposal of the aforesaid criminal appeal by this Court, the Superintendent of Police, West: Tripura, Agartala being the disciplinary authority proposed to hold inquiry against the petitioner herein under rule 861 of the Police Regulations of Bengal, 1943 on various allegations of misconduct. Six articles of charges were framed against him in that proceeding which are briefly noted below :