AKIL KURESHI - (1.) This appeal is filed by the original petitioner to challenge the judgment of the learned Single Judge dated 24.06.2014 passed in WP(C) No.329 of 2006.
(2.) Brief facts are as under: The petitioner was selected as a jawan in Tripura State Rifles (TSR). He was sent for training which he joined on 01.10.2002. The training would be of a duration of 2 years and would be completed on 11.02.2004. During such training period the petitioner remained unauthorisedly absent on numerous occasions without proper leave or intimation to the department. On 08.12.2004 the Commandant of his battalion, therefore, conveyed to him that he was absent without leave from 07.08.2004. He must report for duty before 30.12.2004 failing which disciplinary action would be taken against him. The petitioner did rejoin duty on 30.12.2004. However, by an order dated 14.02.2005 the Commandant, 9th Bn TSR discharged the petitioner from service recording that during the training period he had remained absent for a total period of 260 days and as a result, he could not complete his basic training. The order also recorded that number of opportunities were granted to the petitioner but he failed to complete the training. In that view of the matter, in exercise of powers conferred under Rule 10(5) read with Rule 15 of Tripura State Rifles (Discipline, Control, Service Conditions) Rules, 1986 (hereinafter to be referred to as the said Rules) discharged the petitioner from service.
(3.) The petitioner thereupon issued a demand notice dated 27.06.2006 to the Commandant of his battalion and demanded that he should be paid compensation for his illegal discharge from service. The petitioner thereafter filed the above mentioned writ petition and prayed for reinstatement with backwages.;