MANGAL ORANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The writ petitioner filed this petition for issuance of writ of certiorari setting aside the order dated 17.9.2006 passed by the Commandant, 10th Bn. TSR (IR-V), (Annexure-3 to the writ petition) whereby and whereunder he was discharged from service as a Rifleman for his unauthorized absence with effect from 3.8.2005 to 17.9.2006.

(2.) Heard Mr. S. Deb, learned senior counsel assisted by Mr. S. B. Debnath, learned counsel for the petitioner as well as Mr. S. Chakraborty, learned Addl. Govt. Advocate for the State respondents.

(3.) The pleaded case of the petitioner, in short, is that the petitioner was recruited as a Rifleman in Tripura State Rifles (TSR) and placed under the Commandant, 10th Battalion TSR (IR-V), the respondent No.3. While he was discharging his duties as a Rifleman, all on a sudden, he had fallen sick in the month of July, 2005 and as the said illness continued, he attended the Medical Officer available, but he did not recover. In such a situation, in the first week of August, 2005, he submitted an application to the authority for granting him leave, but he did not get any appropriate response in writing, rather he was verbally allowed to go home. Finding no other alternative, on 3.8.2005, the petitioner left for home for his treatment and for proper care by the family members. After arriving at his house, the petitioner with the help of the family members attended the physician at Kailashahar and learnt that he was suffering from malaria and acute jaundice and as the physician advised him to take complete rest, he sent information to the respondent No.3 about the circumstances under which he was compelled to leave TSR unit and his condition of health.