DEEPAK GUPTA, C.J. - (1.) BY means of this petition, the petitioner has challenged the Order dated 19 -12 -2005 whereby his name was struck off from the roll of the Home Guards.
(2.) WE are not going into the other contentious issues raised, but in the year 2005 an inquiry was conducted against the petitioner and in the inquiry, the charge was that though the petitioner was on medical leave from 04 -03 -2004 to 04 -04 -2004, he during this period had left the State of Tripura and had gone to places outside Tripura and indulged in activities unbecoming a Home Guard. On 20 -06 -2005, a show -cause notice was issued to the petitioner which reads as follows: - ''Government of Tripura Office of the Commandant Home Guards Tripura : Agartala No.9309 -12/P/Folder/HG/RSV/05. Dated, the 20 June '05. To HG No.761030 Swapan Chakraborty NOTICE Whereas it is alleged that on 04.03.04 you submitted a sick report in a plain paper addressed to OC West Agartala PS, but you did not produce any medical certificate of any recognized Medical Officer. AND Whereas during aforesaid sick report you left the station unauthorizedly and went to Hyderabad with some political motive. AND Whereas during aforesaid unauthorized leave of station you have performed journey from Agartala to Guwahati by private transport and thereafter from Guwahati to Hyderabad by train and the return journey was conducted from Vishakha Pattanam to Guwahati by train, thereafter from Guwahati to Agartala by bus. The entire journey performed by you was totally without prior permission of your authority. AND Whereas, after your return from Hyderabad in the first week of March, 2004 you took up some political programmes including campaign, secret meeting, postering, wall writing and distribution of leaflets etc. in favour of proposed disobedience movement scheduled on 07.04.04 which was totally a gross misconduct on your part being a member of Home Guards Organization. AND Whereas, you showed a total gross misconduct and indulged yourself in illegal activities, created provocation, mislead the members of Home Guards as well as your controlling authority in very unbecoming manners. Under the above you are hereby asked to explain your position on the above lapses as to why disciplinary action will not be taken against you. Your reply should reach to the undersigned within 15 days on receipt of the same, failing which exparte decision/action will be taken against you. Sd/ - (20.06.05) ( K.R. DebBarma ) Commandant Home Guards Organisation. ''
(3.) FROM the notice which was issued to the petitioner, it is obvious that the allegation against him on which the inquiry was to be conducted and on the basis of which explanation was called was only that during the period he was on sick leave, he had left the station unauthorizedly and had gone to Hyderabad with some political motive. It was also alleged that in March, 2004 he had taken up some political programmes including campaigning, secret meeting, postering, wall writing and distribution of leaflets. Thus, these were the two charges against the petitioner.;