Sushil Nama Sudra v. The State Of Tripura And ORS




 

            
 

!"#"# !$% &$#'#() *)$
son
of
Sri
Amaresh
Kar,
resident
of
village
-
Dalura,
P.O.,

P.S.
&
Sub

Division
Ambassa,
District
-
Dhalai
Tripura
+,-./)"!%
Mr.
Somik
Deb,
Advocate










01!$2320

!24 -! "2%

5!&")"!$#43$)

represented
by
the
Secretary,
to
the

Government
Tripura,
Home
Department,
having
its
office
at
New
Secretariat
Complex,
P.O.
Kunjaban,
P.S.
New
Capital
Complex,
Sub Division Sadar,
District
-
West
Tripura


5!6#$!/"$! !$)7 7#/!
Government
of
Tripura,
having
its
office
at
Police
Head
Quarters,
Fire
Brigade
Chowmuhani,
P.O.
Agartala,
P.S.
West
Agartala,
Sub Division
Sadar,
District
-
West
Tripura

8





5!&34!$# "! -! " 7#/!
Dhalai
District,
having
its
office
at
Jawaharnagar,
P.O,
P.S
&
Sub

Division
Ambassa,
District
Dhalai
Tripura

+,-./)"!%

Mr.
B.C.
Das,
Advocate
General
Mr.
S.
Chakraborty,
Addl.
G.A.

9:

 

!"#"# !$% &$#6#4);6)2
son
of
Sri
Ram
Charan
Das,
resident

of
village
Singhaghar
Colony,
P.S.
Kachu

cherra,
P.O.
Chankap,
District
-
Dhalai
Tripura
+,-./)"!%
Mr.
P.
Roy
Barman,
Advocate









Mr.
S.
Bhattacharji,
Advocate










01!$2320

!24 -! "2%

5!&")"!$#43$)

represented
by
the
Secretary,
to
the

Government
Tripura,
Home
Department,
having
its
office
at
New
Secretariat
Complex,
P.O.
Kunjaban,
P.S.
New
Capital
Complex,
Agartala,
District
-
West
Tripura,
PIN 799006


5!6#$!/"$! !$)7 7#/!
Government
of
Tripura,
having
its
office
at
Police
Head
Quarters,
Fire
Service
Chowmuhani,
P.O.
Agartala,
P.S.
West
Agartala,
Agartala,
District
-
West
Tripura,
PIN

799001

8





5!&34!$# "! -! " 7#/!
Jawaharnagar,
Dhalai,
District

Dhalai
Tripura,
PIN

799289

 





5!6#2"$#/"<)=#2"$)"!) -77!/"$>()22)
District:
Dhalai,
Tripura,
PIN
799289
+,-./)"!%

Mr.
B.C.
Das,
Advocate
General









Ms.
A.
S.
Lodh,
Addl.
G.A.

2

9

98:

  

!"#"# !$% &$#'#() *)$
son
of
Sri
Amaresh
Kar,
resident
of
village
-
Kanchanpur,
P.S.
Ambassa,
District
-
Dhalai,
Tripura,
PIN
799289
+,-./)"!%
Mr.
P.
Roy
Barman,
Advocate









Mr.
Samarjit
Bhattacharji,
Advocate










01!$2320

!24 -! "2%

5!&")"!$#43$)

represented
by
the
Secretary,
to
the

Government
Tripura,
Home
Department,
having
its
office
at
New
Secretariat
Complex,
P.O.
Kunjaban,
P.S.
New
Capital
Complex,
Sub Division Sadar,
District
-
West
Tripura,
PIN:
799006


5!6#$!/"$! !$)7 7#/!
Government
of
Tripura,
having
its
office
at
Police
Head
Quarters,
Fire
Service
Chowmuhani,
P.O.
Agartala,
P.S.
West
Agartala,
Agartala,
District
-
West
Tripura,
PIN:
799001

8





5!&34!$# "! -! " 7#/!
Jawaharnagar,
Dhalai,
District

Dhalai,

Tripura,
PIN:799289






5!6#2"$#/"<)=#2"$)"!) -77!/"$>()22)
District:
Dhalai,
Tripura,
PIN:
799289
+,-./)"!%

Mr.
S.
Chakraborty,
Addl.
G.A. 
 

!"#"# !$% &$#&325#7)>)&3-$)
son
of
late
Sudhir
Nama

Sudra,
resident
of

village
-
Dabrri,
P.O.

Mechura,

3

9

9:

P.S.

Kachucherra,
District
-
Dhalai
Tripura,
PIN
799278
+,-./)"!%
Mr.
P.
Roy
Barman,
Advocate









Mr.
Samarjit
Bhattacharji,
Advocate










01!$232?

!24 -! "2%

5!&")"!$#43$)

represented
by
the
Secretary,
to
the

Government
Tripura,
Home
Department,
having
its
office
at
New
Secretariat
Complex,
P.O.
Kunjaban,
P.S.
New
Capital
Complex,
Agartala,
District
-
West
Tripura,
PIN:
799006


5!6#$!/"$! !$)7 7#/!
Government
of
Tripura,
having
its
office
at
Police
Head
Quarters,
Fire
Service
Chowmuhani,
P.O.
Agartala,
P.S.
West
Agartala,
Agartala,
District
-
West
Tripura,
PIN:
799001

8





5!&34!$# "! -! " 7#/!
Jawaharnagar,
Dhalai,
District:
Dhalai,

Tripura,
PIN:799289






5!6#2"$#/"<)=#2"$)"!) -77!/"$>()22)
District:
Dhalai,
Tripura,
PIN:
799289
+,-./)"!%

Mr.
B.C.
Das,
Advocate
General









Ms.
A.
S.
Lodh,
Addl.
G.A.
+

  @+
 '

&
< 6 *

  @+< '

&
&  
Date
of
delivery
of

%8 judgment
and
order
Whether
it
is
fit
for
reporting
%


A!2  √

4

9

:

'

6< 6  
   

  All
these
four
writ
petitions
are
being
disposed
of
by
a
common
judgment.
9: As
far
as
the
petitioner,
Jiban
Kar,
who
is
the
petitioner
in
W.P.(C)
No.
14
of
2014
and
W.P.(C)
No.17
of
2015
is
concerned,
he
has
filed
two
writ
petitions
and
in
the
second
writ
petition,
he
has
not
even
cared
to
disclose
that
he
had
earlier
filed
a
writ
petition
with
regard
to
the
same
cause
of
action.

All
the
petitioners
were
appointed
as
Special
Police
Officers
in
terms
of
the
Tripura
Police
Act,
1861
by
the
District
Magistrates
of
the
areas
concerned.

98: SriJiban
Kar,
who
is
the
petitioner
in
W.P.(C)
No.
14
of
2014
and
W.P.(C)
No.17
of
2015
was
arrested
on
15th
February,
2013
in
connection
with
a
case
lodged
against
him
by
his
wife
under
Section
498 A
of
the
I.P.C.

being
Ambassa
P.S.
case
No.07
of
2013.
The
fact
that
he
was
arrested
is
not
denied
before
us.
After
he
was
arrested,
on
23rd
February,
2013
an
order
was
passed,
whereby
Jiban
Kar,
SPO
No.
522
of
Hriday
Para
SPO
Camp
was
discharged
from
the
job
of
SPO
w.e.f.
16th
February,
2013.

9: Sri
Dipak
Das,
who
is
the
petitioner
in
W.P.(C)
No.16
of
2015
was
arrested
on
22.07.

5

9

9:

the
I.P.C.
being
Kanchanpur
P.S.
Case
No.10
of
2012.
Vide
order
dated
30th
October,
2012
he
was
discharged
from
service
from
the
same
date.

: Sri
Sushil
Namasudra,
who
is
the
petitioner
in
W.P(C)
81
of
2015
was
arrested
on
24.06.2008
in
connection
with
Salema
P.S.
case
No.
19
of
2008
registered
under
Sections
326/34
of
IPC.
The
order
of
discharge
was
passed
against
him
on
24.07.2008.

9: None
of
the
petitioners
challenged
the
order
of
discharge
after
it
was
passed.
All
of
them
faced
criminal
trials
and
after
they
were
acquitted
in
the
criminal
trials,
they
filed
applications
for
being
reinstated
in
service
on
the
ground
that
they
have
been
acquitted
in
the
criminal
cases.
Even
at
that
time,
they
did
not
challenge
the
order
of
termination.

However,
in
the
writ
petitions
challenge
is
laid
to
the
order
of
termination
and
the
challenge
is
on
two
grounds.
The
first
ground
is
that
the
services
the
petitioners
were
terminated
by
the
Superintendent
of
Police.
It
is
urged
that
they
were
all
appointed
by
the
District
Magistrates
of
the
areas
concerned
and
therefore,
the
Superintendent
of
Police
had
no
authority
to
terminate
their
services.
In
this
regard,
reliance
has
been
placed
on
a
judgment
delivered
by
this
Division
Bench
in
W.P.(C)
No.258
of
2014,
wherein
this
Court
held
as
follows:
 3$"5!$>$! "5! $-!$ #2 C577, C#"53" D3$#2-#/"# 
 "!$>2  "5! $-!$ #223!- (, "5! 6#$!/"$ ! $)7  7#/! 6)"!- /"(!

6

9

:

  )  &  /)  (! -#2/5)$=!- #  /)2!  3 2)"#2)/"$, 2!$.#/! # -#2/#47# ! $ ) , "5!$ / -3/" 3 (!/># =  )  &  (, "5! 6#2"$#/"<)=#2"$)"! )$!4$""(!23(>#""!- (,"5!&34!$# "! -! " 7#/!E :
With
regard
to
this
submission,
Mr.
B.C.
Das,
learned
Advocate
General
has
brought
to
our
notice
the
new
Tripura
Police
Act,
2007
which
repeals
the
old
Tripura
Police
Act,
1861
and
the
repealing
section
totally
repeals
the
Tripura
Police
Act,
1861
except
those
actions
which
had
already
been
taken
under
the
old
Act.

Once
the
act
had
been
repealed,
the
Disciplinary
Authority
would
be
as
per
the
new
Act
and
in
terms
of
Section
18(2)
of
the
Tripura
Police
Act,
2007
the
Special
Police
Officers
are
to
be
appointed
by
the
Superintendent
of
Police
and
they
alone
will
be
their
Disciplinary
Authorities.
Therefore,
we
are
clearly
of
the
view
that
the
Superintendent
of
Police
had
the
authority
to
terminate
the
services
and
in
this
regard,
we
have
no
hesitation
in
saying
that
the
view
as
taken
by
us
earlier
may
not
be
correct
and
that
view
was
taken
in
ignorance
of
the
provisions
of
the
Tripura
Police
Act,
2007
which
were
not
brought
to
our
notice.

9: The
second
ground
of
challenge
is
that
the
orders
of
discharge
were
passed
without
following
the
rules
of
natural
justice.

As
pointed
out
earlier,
these
orders
were
passed
in
the
year
2008,
2012
and
2013.
No
challenge
was
made
to
these
orders
when
those
were
passed
and
the
petitioners
acquiesced
to
those
orders.

7

9

9:

may
not
have
been
strictly
followed
but
the
fact
remains
that
none
of
the
petitioners
deny
that
they
were
arrested
in
regard
to
those
cases.
The
ground
for
termination
is
only
that
they
were
arrested
and
this
fact
is
not
denied
by
the
petitioners
in
these
writ
petitions
also
and
therefore,
it
would
not
be
in
the
interest
of
justice
to
send
back
the
matters
and
set
aside
the
orders
of
termination
only
on
the
ground
that
the
rules
of
natural
justice
have
not
been
followed.
The
petitioners
have
acquiesced
to
the
orders
and
accepted
those
orders
and
cannot
be
permitted
to
challenge
those
orders
on
this
ground
at
this
stage.

9F: Lastly
comes
the
issue
as
to
whether
the
petitioners
should
be
reinstated
in
service.
The
petitioners
are
working
as
the
Special
Police
Officers.

The
Special
Police
Officers
are
to
be
appointed
as
and
when
the
need
arises.
There
is
no
cadre
of
Special
Police
Officers
and
it
is
not
a
civil
post.
Even
in
the
judgment
relied
upon
by
the
petitioners,
we
had
held
as
follows:
B! )$! )C)$! "5)" "5! 42"  &  #2 " ) /#.#7 42" ) - $>)77, C! C37- " 5).! ! "!$")# !- ) 4!"#"#   "5#2 )"3$! (3" C! # - "5)" "5! $-!$ 5)2 (!!  4)22!- C5#/5 #2 43 #"#.!#  )"3$!# )2>3/5)2#"2),2"5)"#" #2 4)22!- (!/)32! ) /$#># )7 4$/!!-# =2 4! -# = )=)# 2" "5! 4!"#"# !$ C5!$!)2 "52! /$#># )7 4$/!!-# =2 5)- )7$!)-, #  "!$># )"!- #  "5! )/G3#"")7  "5! 4!"#"# !$ (!$!"5!$-!$5)-(!! 4)22!

-E 9: The
petitioners
have
now
been
acquitted
and
they
have
to
be
put
back
in
the
same
position.

8

9

9F:

holding
any
post.
The
only
direction
which
this
Court
can
give
is
that
if
the
Superintendent
of
Police
of
the
areas
concerned,
desires
to
engage
Special
Police
Officers,
henceforth
then
the
petitioners
shall
be
considered
and
when
taking
into
consideration
of
the
case,
their
service
rendered
earlier
shall
be
taken
into
consideration.

With
this
observation
and
direction,
these
writ
petitions
stand
disposed
of.




'

6 
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&






 

 

 



9

9