JUDGMENT & ORDER (ORAL)

[Dr. T. Amarnath Goud, J.]

[1] When the case is called, Mr. Karnajit De, learned Addl. G.A. appears for the appellants (respondents of the writ petition) and Ms. Rajasree Purkayastha, learned counsel appears on behalf of the respondent-writ petitioner (hereinafter referred to as the writ petitioner).

[2] The present appeal is directed against the judgment and order dated 16.05.2025 passed in WP(C) No.64 of 2024 whereby the learned Single Judge allowed the petition filed by the writ petitioner.

[3] The appellant-State has filed this appeal seeking the following reliefs:

“(i) Admit the appeal;

(ii) Call for the records of the Judgment & Order dated 16.05.2025 passed in WP(C)64/2024 by the learned Single Judge;

(iii) Issue Notice;

(iv) After hearing the parties pleased to set aside the impugned Judgment and Order dated 16.05.2025 passed by the learned Single Judge and be pleased to allow the instant Writ Appeal;

(v) Pass such other order or orders as seems fit and proper having regard to the circumstances of the case. AND In the mean time the operative portion of the Judgment and order dated 16.05.2025 passed by the learned Single Judge may be stayed till disposal of the writ appeal……..”

[4] Factual context of the case is as under:

The writ petitioner was a TSR personnel bearing enrolment No.20005122RFN(GD) of „F‟-COY, 13th BN. TSR (IR-IX) and posted at Subhas Nagar, Kanchanpur North Tripura under the kind, control and command of the appellants herein. Since his appointment on 28.03.2000, the writ petitioner was serving his duties with sincerity, honesty, diligence with utmost satisfaction of the authorities without any blemish and stigma at any point of time. He is a married man having his wife namely, Hazira Begam who is 39 years old and three daughters namely, Yesmin Sultana (19 years), Sahanaj Aktar (17 years) and Nasrim Aktar (12 years). He is also the sole bread earner in his family and his service was the only source of his family‟s livelihood. On 27.05.2019, one Smt. Khelan Bibi lodged a complaint to the appellant No.4 herein alleging that the writ petitioner had contracted marriage with her but he was not taking any care of her. On the basis of said complaint, appellant No.4 initiated departmental proceeding against the writ petitioner under Memorandum No. 8492/F.DP-NO./2019/K.U/TSR-13/ESTT/2019 as per Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 read with Rule 40 of the Tripura State Rifles (Discipline, Control, Service Conditions, etc.), Rules 1986 for the alleged offence punishable under Section 12(1) of Tripura State Rifles Act, 1983 framing article of charge against him which are extracted hereunder:

“Article of Charge-I That the said No.20005122 Rfn(GD) Kabir Uddin of 'F'-Coy, 13th Bn TSR (IR-IX) got married one Smt. Khelan Bibi D/O Khalek Miah of Vill: Thakcherra, PO. Mahamillan, Amarpur, Gomati Tripura without any consent and intimation to his first wife Smt. Hazira Begam on 28.01.2016 at Thakcherra. This kind of act is prejudicial to good order and discipline of the Rifles and punishable U/S 12 (1) of TSR Act, 1983.

Article of Charge-II That the said No. 20005122 Rfn(GD) Kabir Uddin of 'F'-Coy, 13th Bn TSR (IR-IX) got married one Smt. Khelan Bibi D/O Khalek Miah of Vill: Thakcherra, PO: Mahamillan, Amarpur, Gomati Tripura without any prior permission from the authority while his first wife is still living. This kind of Act is prejudicial to good order and discipline of the Rifles and punishable U/S 12(1) of TSR Act, 1983.”

[5] Subsequently, a statement of imputation of misconduct or misbehavior on which the article of charges were framed together with a list of documents and witnesses by which the article of charges proposed to be sustained were issued against the writ petitioner. Prior to that, according to the writ petitioner, a preliminary enquiry was conducted by the authority behind the back of the writ petitioner without