PRADIP ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner Pradip Roy was appointed Constable in Tripura Armed Police, 1st Bn. on 9.10.1987. In 1992 he was posted in the special branch (SB) under the 3rd respondent. He was placed under suspension in contemplation of a disciplinary proceeding against him on 29.1.1994. On 7.4.1994 the disciplinary authority (respondent No. 3) framed three charges against him which are :

(2.) After the charges aforementioned were framed an inquiry followed. The inquiry finally found the petitioner guilty of the charges. Considering the gravity of the misconduct, the petitioner who was a member of the disciplined armed forces, was dismissed from service by a provisional order dated 31.12.1994 followed by final order on 13.2.1995. The departmental appeal preferred therefrom was dismissed on 5.4.1995. The said dismissal is under challenge in the present writ petition. The grounds of challenge to the order of dismissal, as presented in the writ petition, are as follows:

(3.) In the counter affidavit the respondents contended, inter alia, that rule 1015 (a) of Police Regulation of Bengal (for short PRB) which is in force in the State provides :