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2005 Supreme(Gau) 581

TINLIANTHANG VAIPHEI
Sanjoy Das – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A.K. Bhowmik, S.R. Dey and A. Deb, Advs.
For Respondents/Defendant: U.B. Saha and D.C. Nath, Advs.

JUDGMENT

T. Vaiphei, J.

1. The legality of the Order No. 053/TSR-6/Disch/Estt./03/00853-63 dated 12.02.2003 terminating/discharging the petitioner from service on the ground of adverse report against him is called into question in this writ petition.

2. The factual matrix leading to the filing of this writ petition may be briefly stated at the very outset. The petitioner belongs to a Schedule Caste community. He was appointed to the post of Rifleman in 6 Bn. Tripura State Rifles on temporary basis on 25.4.2001 and joined the post on 21.5.2001. The appointment order stipulated that this final appointment and continuation in service would be subject to medical fitness, educational qualification certificate and C & A (character and antecedent) report verification without any adverse (report ?) and further that he was obliged to fill up attention form. In the course of verification of the character and antecedents of the petitioner, it was found that the petitioner was involved in a criminal case, i.e., Kamalpur P.S. Case No. 64/99 under Section147/148/353/307/427 IPC, for which charge sheet was submitted against him in a court of law. As against item Nos. 13(a), (b) and (c) of the attest








































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