Decided on February 11,2021

Amit Debbarma Appellant


Akil Kureshi,J. - (1.) The petitioner Amit Debbarma has prayed for a stay of disciplinary proceedings instituted by the competent authority under a charge-sheet dated 9th November, 2018 till conclusion of a criminal trial which he is facing and in which according to him the charges and the evidence are substantially similar to those involved in the departmental charge-sheet.
(2.) Briefly stated the facts are as under : The petitioner is employed as a Naib Subedar in Tripura State Rifles. At the relevant time, he was posted in 2nd Battalion of TSR stationed at Bodhjunganagar. On 21.11.2017 an untoward incident of death of one Sudip Datta Bhowmik who was a journalist of Syandan Patrika by bullet injuries inside the Bodhjungnagar campus of TSR had taken place. In connection with the said incident, an FIR was lodged by Sub-Inspector of Police of Bodhjungnagar Police Station on 21.11.2017 in which it was recorded that he had received a telephonic information from a TSR official that one personal guard of Commandant of 2nd Battalion had fired on a civilian inside the Battalion Complex and the person was probably dead. The informant thereupon proceeded to the scene of incident and made quick preliminary inquires which revealed that Sudip Datta Bhowmik had received two bullet injuries which had been fatal. Before the incident, Sudip Datta Bhowmik had an appointment with Tapan Debarma, Commandant of 2nd Battalion of TSR and met him at about 11.30 in the morning. During the interview Tapan Debbarma went to the washroom. When he returned he found that an envelope containing cash was missing from his room. The Commandant called his Rifleman and instructed him to carry out the search of Sudip Datta Bhowmik who objected and tried to escape and ran towards the ground upon which Nanda Kumar Reang a Rifleman opened fire from his A.K 47 rifle causing the death of the reporter. In the FIR, therefore, Nanda Kumar Reang was shown as an accused for commission of offence under Section 302 of IPC read with Section 27 of the Arms Act.
(3.) It appears that the FIR was registered by the police on the basis of information hurriedly collected regarding the incident. The departmental authorities carried out its own internal inquiry which was entrusted to Assistant Commandant of 2nd Battalion. He recorded the statements of several witnesses who were present around the scene of incident at the time when this incident took place and had some information to share with the department. He presented his report on 24.09.2018. According to this report, there was more than what meets the eye. In the nutshell, the reporter Sudip Datta Bhowmik was shot by Nanda Kumar Reang under the instructions of the Commandant Tapan Debbarma and in the incident the present petitioner Amit Debbarma and Dharmendra Kumar Singh were also involved. As per the witnesses, it was the petitioner along with Dharmendra Kumar Singh and Nanda Kumar Reang who had taken the reporter to the parade ground and it was again the petitioner Amit Debbarma who had gone to the office and returned to the ground few minutes later and ordered Nanda Kumar Reang to fire on the reporter under the orders of the Commandant upon which Nanda Kumar Reang had shot the reporter.;

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