Decided on February 19,2021



Akil Kureshi,J. - (1.) Petitioner has challenged an order dated 12th June, 2012 by which by way of punishment he was removed from service with a further direction to treat the entire period of his unauthorised absence as dies-non. The petitioner has also challenged an order dated 18th April, 2019 by which his appeal by the appellate authority came to be dismissed.
(2.) Brief facts are as under : The petitioner joined as a Constable in Tripura State Rifles(TSR) in the year 2002. In the year 2011, the petitioner was posted under 13th Battalion of TSR and was assigned the election duties outside the State. He remained unauthorisedly absent on and from 13th March, 2011 from his election duty at Karimganj. A notice dated 19th July, 2011 was dispatched to his home address pointing out that since 13th March, 2011 he has remained absent without permission. Two previous notices on 27th April, 2011 and 25th May, 2011 were also sent to him. He must, therefore, report for duty forthwith failing which strict disciplinary action would be taken against him. The petitioner still did not resume his duty. A preliminary inquiry was, therefore, ordered by the Commandant on 1st August, 2011. The Assistant Commandant submitted his report dated 30th August, 2011 of the preliminary inquiry which showed that the notices were issued to the petitioner and were also served through the Sonamura Police Station despite which he had not reported for duty. It was observed that abstaining from duty while performing election duty was a gross misconduct.
(3.) On 28th September 2011, the Commandant issued a departmental charge sheet alleging that despite several notices the petitioner has not reported for duty after a long period of unauthorised absence. The petitioner did not participate in the departmental inquiry which, therefore, proceeded ex parte. The Inquiry Officer submitted his report on 28th March, 2012 and held that the charge of unauthorised absence was proved against the petitioner. The disciplinary authority passed a provisional order of punishment on 20th May, 2012 of removal from duty. Since the petitioner did not respond to the said order also, the disciplinary authority finally passed the impugned order dated 20th June, 2012 and imposed the punishment of removal from service.;

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