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2015 Supreme(Tri) 664

DEEPAK GUPTA, S.TALAPATRA
Gautam Dey – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Ms. R. Purkayastha, Advocate
For the respondents: Mr. S. Chakraborty, Addl. G.A.

ORDER :

Talapatra J.

By this writ petition, the petitioner who was a Constable in the Armed Branch of Tripura Police, has challenged the final order under D.O. No.602/2012 dated 26.11.2012 (Annexure-H to the writ petition), whereby he has been dismissed from the service pursuant to the purported disciplinary proceeding and also the order of the appellate authority dated 12.12.2013, confirming the said final order dismissing the petitioner from the service.

2. The facts are mostly admitted. Two departmental proceedings were launched against the petitioner for unauthorised absence on diverse period of time. In the first departmental proceeding, being D.P. No.02/2011 by the memorandum dated 10.02.2011 (Annexure-A to the writ petition) the following charges were framed against the petitioner:

ARTICLE OF CHARGE NO-I

C/3355 Goutam Dey of Armed Branch, South Tripura District is charged with gross misconduct and negligence in duty in that while he was attached to Dhajanagar Police lines on 13.01.2011 A.N, he unauthorizedly left Dhajanagar Police lines without prior permission from the competent authority. There after on 15.01.2011 evening he even assaulted by fist and blows to one Sri Subha




























































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