Photo Courtesy: tripuratimes
Agartala: The Tripura High Court overturned the dismissal of former Subedar Shibu Limbu. Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit ruled that Assam Rifles authorities acted illegally. The force abandoned formal court proceedings and instead used an improper dismissal rule. Limbu must receive all his back pay and retirement benefits.
Limbu faced accusations of taking bribes from contractor C.C. Mathew in August 2014. Officials convened a General Assam Rifles Court in 2017 after a formal inquiry. That trial stalled during legal battles and finally folded on June 26, 2020. The force then used Rule 20(2) to fire him on October 18, 2021. His departmental appeal failed in March 2022.
The court blasted the military's legal logic. Section 98 of the Assam Rifles Act only limits when a trial starts, not when it ends. Judges also noted that COVID-19 pandemic protections should have kept the case alive. The military could not simply quit because the clock ran out.
Due process died here. Authorities blocked Limbu from questioning the key witness in person. They forced him to use a written questionnaire instead. The judges called this a violation of fundamental rights. "The appellant had been denied an opportunity to cross-examine the key witness," the Bench stated in their ruling.
Limbu is now past the age of retirement. A new military trial is impossible. The court ordered the Assam Rifles to pay his full wages for the suspension period minus existing allowances. They must settle these accounts within three months. The order includes six percent annual interest and 15,000 rupees in court costs.
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