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2026 Supreme(Online)(Tri) 246
Biswajit Palit, J
Sonvir Singh – Appellant
Versus
State of Tripura – Respondent
W.P.(C)No.203 of 2025
Important Points
Subject
Service Law - Disciplinary Proceedings
Act Referred
Headnote
Facts of the case:
The petitioner, a Rifleman in the Tripura State Rifles, was dismissed from service after remaining unauthorizedly absent from duty. During this period, the petitioner was in jail custody in connection with criminal cases pending in another state. The disciplinary authority conducted an inquiry and, following multiple notices sent to the petitioner at the jail, passed an order of dismissal under the Tripura State Rifles Act, 1983. The petitioner challenged this dismissal, claiming violation of the principles of natural justice and asserting that an appeal against the dismissal had been filed, though he failed to produce any evidence of such an appeal.
Findings of Court:
The Court found that the disciplinary authority had consistently provided opportunities to the petitioner by serving notices at the jail where he was confined. The petitioner failed to take effective steps to defend his interests. Furthermore, the petitioner misled the Court regarding the filing of a departmental appeal. The Court held that in the absence of procedural illegality or violation of natural justice, and given the existence of an alternative statutory remedy that the petitioner failed to avail, the writ petition was not maintainable.
Issues: (i) Whether the principles of natural justice were violated in the departmental proceedings. (ii) Whether the writ petition is maintainable under Article 226 of the Constitution of India despite the non-exhaustion of alternative statutory remedies.
Ratio Decidendi: The Court held that judicial review under Article 226 is not an appeal and that courts should not interfere with disciplinary findings unless there is a clear violation of natural justice or procedural rules, particularly when the petitioner fails to avail of established statutory remedies or misleads the Court.
Result: Writ petition stands rejected being devoid of merit.
For the Appellants/Petitioners: Arjun Acharjee, Moon Basu
For the Respondents: Karnajit De
| Table of Content |
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| 1. court identifies the background of the petitioner and the reliefs sought against the dismissal order. (Para 1) |
| 2. final outcome based on non-availability of grounds for interference. (Para 10) |
HON’BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order
Heard Learned Counsel, Mr. A. Acharjee appearing on behalf of the petitioner and also heard Learned Additional G.A., Mr. K. De appearing on behalf of the respondents.
02. The petitioner has filed the writ petition seeking the following relief/reliefs:
(i) Issue Rule, calling upon the respondents and each one of them to show as to why a writ of certiorari and/or in the nature there of, shall not be issued.
(ii) ISSUE RULE, calling upon the respondents and each one of them to show cause as to why a writ of certiorari and/or in the nature there of, shall not be issued, for directing the respondents to reinstate the petitioner in his service AND for quashing or setting aside the punishment order No.F.DP.06/15/TSR 3/S.S/08/18258-86 dated 31.08.2016 and the order vide No.F.DP.06/15/TSR 3/Estt/S.S/08/4876 dated 04.03.2016
(iii) ISSUE NOTICE upon the Respondents AND Call FOR THE RECORDS appertaining to the writ petition.”
03. Taking part in the hearing, Learned Counsel for the petitioner drawn the attention of the Court that the petitioner joined as a Rifle Man under TSR vide No.08121114 Rfn (GD) and was posted at Kachucherra, Dhalai District. He took holiday from this authority w.e.f. 23.12.2014 to 21.01.2015 but in the meantime, he was involved in a criminal case vide No.207/2014 in Salempur P.S. under Section 147/149/302/307/504 of the IPC and also in another criminal Case vide No.39 of 2015 Salempur P.S. under Section 25 of Arms Act 1959 and as such he could not join to his duty.
It was further submitted that the petitioner was arrested in connection with Criminal case No.207 of 2014 along with others and as such he could not submit his written statement of defence, nor he could appear before the Inquiry Authority to contest the departmental proceeding and was languishing in Salempur District Jail. In the meantime, the Commandant, 3rd Bnt, TSR started preliminary inquiry against him as he was unauthorized absent from his duty. Notice was served for overstaying on leave w.e.f. 22.01.2015. It was further submitted that the Inquiry Authority had sent notice on four occasions i.e. on 12.06.2015, 24.06.2015, 03.07.2015 & 25.07.2015 and lastly on 05.08.2015 the petitioner was asked to appear before the Inquiry Authority. After that O/C, Salempur P.S. on 22.06.2015 had sent one report to the Inquiry Authority that the petitioner was detained in District Jail in Salempur in connection with Crime No.207/14 under Section 147/148/149/302/307/304B of the IPC. The Inquiry Authority conducted preliminary inquiry. Thereafter, article of charges were framed against him. The Inquiry Authority had sent a letter on 14.12.2015 and requested the Superintendent of jail Buland Shahar to serve the notice upon the petitioner in connection with DP No.06 of 2015. After that the Departmental Authority, i.e. the Commandant, 3rd Bn TSR, on the basis of Inquiry report passed one provisional dismissal order vide Memo No.F.DP.06/15/TSR-3/Estt/S.S/08/4876 dated 04.03.2016 and asked the petitioner to submit his representation against the proposed punishment within 15 (fifteen) days which was also served upon him and after that the Departmental Authority passed the final order and imposed a major penalty of dismissal from service as per Section 12(1) of the TSR Act, 1983. The operative portion runs as follows:
“Now, therefore, the undersigned being the Disciplinary Authority, in exercise of power confers upon the Disciplinary Authority under section 12(1) of the TSR Act, 1983 impose a major penalty “Dismissal of Service” under section 12(1) (J) of the said Act upon No.08121114 Rfn (GD), Sonvir Singh of ‘D’ Coy, 3rd Bn TSR with immediate effect. The period of his OSL, w.e.f. 21.01.2015 (AN) to 30.08.2016 is tr
