Review Pet./23/2025 of The State of Tripura and Ors Vs Sri Virendra Singh on 7 January 2026

1. The State of Tripura Represented by the Secretary, Department of Home, Government of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, PS New Capital Complex, Agartala, West Tripura, PIN 799010

2. The Director General of Police

Police Head Quarter, Govt. of Tripura, Fire Brigade Chowmuhani, PO Agartala, West Tripura, PIN 799001.

3. The Enquiry Officer

Commandant, 13th Battalion, TSR (IR-IX), Subash Nagar, Kanchanpur, North Tripura.

...... Petitioner(s)

V E R S U S

Sri Virendra Singh Ex-Subedar (GD) 13th Battalion (IR-IX) No.20005006, S/o Lt. Dhian Singh, Village Narwana Khas, PO Yol, PS. Narwana, Dharamshala, Dist. Kangra, Himachal Pradesh.

...... Respondent(s)

For Petitioner(s) : Mr. K. De, Addl. G.A. For Respondent(s) : Mr. S. Talapatra, Advocate.

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA _O_R_D_E_R_ 07/01/2026

Heard learned counsel of both sides.

Earlier WP(C) No.326 of 2024 was disposed of by this Court along with some other writ petitions of similar nature and having identical issues on 26.06.2025 with the following directions: “[25] In view of above, all the writ petitions are allowed. The orders passed by the appellate authority in above said petitions, as indicated above, except in case of WP(C) No. 326/2024 are consequently set aside and the matter is remanded back to the concerned appellate authority to decide the appeals afresh and to dispose of the same by reasoned orders after giving due consideration on the points of challenges as raised by them therein. The appellate authority shall take endeavor to dispose of the appeals as expeditiously as possible preferably within two months from the date of receipt of copy of this judgment. [26] So far WP(C) No. 326/2024 is concerned, it appears that the appeal is still pending before the appellate authority, and therefore, said writ petition is disposed with a direction to the concerned appellate authority to dispose of the said appeal in the similar manner as indicated in the previous paragraph no. 25, preferably within two months from the date of receipt of a copy of this judgment. All the writ petitions are accordingly disposed of.”

Now, this review petition has been filed by the State respondents only with reference to the direction issued in case of WP(C) No.326 of 2024.

Mr. K. De, learned Addl. G.A. submits that already during pendency of said writ petition, the departmental appeal was disposed of by the Appellate Authority and same was communicated to the Under Secretary vide letter dated 15.02.2025 (Annexure 1) and Mr. S. Talapatra, learned counsel who is representing the respondent submits that the decision of the Appellate Authority was not communicated to the respondent (writ petitioner). However, after filing of this review petition, they collected the information through RTI about disposal of the said appeal. Mr. De, learned Addl. G.A. also submits that as already the Appellate Authority has disposed of the appeal, therefore, it is now not possible for the Appellate Authority to comply the direction given in paragraph No.26 of the said judgment as extracted hereinabove. According to him, the decision of Appellate Authority was communicated to the writ petitioner in the month of February, 2025 itself.

Mr. S. Talapatra, learned counsel for the writ petitioner submits that his client has not received any such copy of the order of the appellate authority and therefore, he was not in the know about the fact of disposal of the said appeal by the Appellate Authority when said WP(C) No.326 of 2024 was disposed of by this Court otherwise he would have mentioned it at the time of hearing of the writ petition.

As it appears, none of the parties informed the Court about the fact of disposal of said appeal by the Appellate Authority when said judgment was passed on 26.06.2025 and for non-furnishing of said information to the Court, said direction in paragraph No.26 of the judgment was issued. However, Mr. S. Talapatra, learned counsel submits that liberty may be granted to the writ petitioner to file a fresh writ petition challenging the said decision of the Appellate Authority in accordance with law and the review petition may be disposed of with the observation that paragraph No.26 of the said judgment dated 26.06.2025 is not required to be complied with further. Mr. De, learned Addl. G.A. also agrees with the said submission.

Considered the said submission.

In view of above said facts and submissions made by learned counsel of both sides, no further effective order is being passed in this case except that Appellate Authority will not be required to comply with the direction contained in paragraph Nos.25 and 26 of the said judgment dated 26.06.2025 so far the case No.WP(C) 326 of 2024 is concerned. However, the direction passed in said judgment in other writ petitions will remain in force.

The petitioner will be at liberty to seek remedy challenging the order of the Appellate Authority, if so desires, in accordance with law in appropriate Forum.

With such observation, the review petition is disposed of.

Pending application(s), if any, shall also stand disposed of.

JUDGE

Rudradeep RUDRADEEP BANERJEE Digitally signed by RUDRADEEP BANERJEE Date: 2026.01.08 16:48:46 +05'30'