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2011 Supreme(Gau) 285

UTPALENDU BIKAS SAHA
Manik Lal Deb – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: M.S. Talapatra and J. Bhusan, Advs.
For Respondents/Defendant: J. Majumder, Adv.

JUDGMENT

U.B. Saha, J.

1. The Petitioner while serving as Sub-Inspector of Police in the year 2010, all on a sudden was served an order No. 4489 dated 10.9.2010, Annexure 7 to the writ petition, issued by the Superintendent of Police, West Tripura, Agartala in pursuance of the Order No. 3856-57/F.51/DGP (RSV)/2008 dated 10.9.2010, Annexure 8 to the writ petition, issued by the Director General of Police, Tripura, Agartala informing, inter alia, that his name has been struck off from the strength of West District with effect from the afternoon of 31.5.2009. In the said order, it has also been mentioned that the difference between the salary drawn by SI (UB) Manik Lal Deb w.e.f. 1.6.2009 to 31.8.2010 shall be treated as "non due" to him and the same shall be deducted from the pension benefits of him and deposited to the Treasury under appropriate head of account. Both the orders have been impugned in the writ petition with a prayer for quashing them and to reinstate the Petitioner in service w.e.f. 1.6.2009 till his retirement on the basis of his date of birth as 1.3.1955 with all financial and other benefits.

2. Heard Mr. S. Talapatra, learned senior counsel assisted by Ms. J. Bhusan,




























































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