HIGH COURT OF TRIPURA AGARTALA WA No. 81 of 2025

1. The State of Tripura, To be represented by the Principal Secretary, Department of Home, New Secretariat Building, New Capital Complex, Agartala West Tripura.

2. The Director General of Police, Tripura, Agartala, Revisional Authority.

3. The Deputy Inspector General of Police, AP (OPS-I), Tripura, Agartala, Appellate Authority.

4. The Commandant, 13^th Bn, TSR (IR-IX), Subhash Nagar, Kanchanpur, North Tripura, Disciplinary Authority.

5. The AC, 13Bn TSR (IR-IX), Enquiry Authority.

6. The Inspector General of Police, AP (OPS) Tripura, Agartala, Revisional Authority.

…….Appellant(s)

Versus Sri Kabir Uddin of „F‟ COY, No.20005122 RFN (GD)

13 Battalion, Tripura State Rifles, (IR-IX), S/o. Mobaswar Ali, presently residing at Vill & PO Kalachara, PS Kadamtala, Dist North Tripura.

……..Respondent(s)

For Appellant(s) : Mr. Karnajit De, Addl. G.A.

For Respondent(s) : Ms. Rajasree Purkayastha, Advocate Date of hearing and delivery of judgment and order : 17.03.2026 Whether fit for reporting : No.

HON‟BLE JUSTICE DR. T. AMARNATH GOUD HON‟BLE MR. JUSTICE S. DATTA PURKAYASTHA 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,13^th 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. Mah