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2014 Supreme(Tri) 70

DEEPAK GUPTA, S.C.DAS
Swapan Kr. Chakraborty – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Appellant :Mr. S.M. Chakraborty, Sr. Advocate and Mr. B. Banerji, Advocate
For the Respondents:Mr. G.S. Bhattacharji, Advocate

JUDGMENT

Deepak Gupta; C.J.:-

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.

3. 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 stati

















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