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2018 Supreme(Tri) 295

AJAY RASTOGI
Nakul Chandra Das, S/O Shri Harendra Chandra Das – Appellant
Versus
State of Tripura (Represented by the Chief Secretary) – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.N. Bhattacharjee, Sr. Adv., Mrs. S. Chakraborty, Adv.
For the Respondent: Mr. Mangal Debbarma, Addl. G.A.

JUDGMENT :

The petitioner joined as Rifleman(G.D.) in 7th Bn. Tripura State Rifles(TSR) in the year 1997 and while holding the post of Naik in 7th Bn. TSR attached to G.B.P. Outpost to perform the duty of Medical Assistant since 02.02.2010 as a normal course(not for undergoing treatment). The petitioner never communicated to his authority about continued treatment at G.B.P. Hospital and he communicated only after he remained on unauthorized absence from duty w.e.f. 04.02.2012. During his attachment with G.B.P. outpost he had not reported about his sickness neither to the In-charge, G.B.P. outpost nor he made any entry in the sick register on 01.02.2012 and submitted his application dt. nil accompanying illness certificate and other documents for sanction of 30 days commuted leave w.e.f. 01.02.2012 posted on 10.02.2012 from Agartala Head Post office which was received by 7th Bn. TSR on 17.02.2012 and had applied for leave from time to time followed by illness certificate. The nature of leave period which he applied from 02.02.2012 continuously for different kind of ailment is ref


























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