Photo Courtesy: nenow
Agartala: The Tripura High Court set aside the dismissal of former Assam Rifles Subedar Shibu Limbu. Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit issued the order on August 3. The court ruled that the force acted arbitrarily when it abandoned disciplinary proceedings to fire Limbu. The military had wrongly claimed that a trial by a General Assam Rifles Court (GARC) became inexpedient and time-barred.
Limbu faced accusations from a 2014 sting operation. Contractor C.C. Mathew allegedly caught 14 personnel accepting bribes. Limbu stood accused of taking Rs 5,000. A Court of Inquiry began in 2014. Authorities issued a tentative charge sheet in 2015 and convened a GARC in 2017. Multiple legal delays stalled the process. The force eventually canceled the trial on June 26, 2020. They then invoked Rule 20(2) of the Assam Rifles Rules, 2010 to terminate Limbu on October 18, 2021.
The Bench scrutinized Section 98 of the Assam Rifles Act. Judges ruled the law only limits the start of a trial, not its conclusion. Furthermore, they held that court-ordered stays and pandemic-related extensions invalidated the force’s excuse for ending the trial. The court also highlighted a breach of natural justice. Limbu could not cross-examine C.C. Mathew, the primary witness who refused to appear. He was forced to use a written questionnaire instead.
The court noted the motive for the abrupt termination. The Bench observed that the reasons for abandoning the disciplinary process were "arbitrary, lacking in bona fides and appeared to have been adopted because the prosecution’s case had weakened owing to the non-cooperation of the principal witness."
Because Limbu reached the age of superannuation, a new trial is impossible. The court ordered the Assam Rifles to pay full back wages for the suspension period, minus subsistence allowances already provided. They must release all retiral benefits, pay 6% interest on dues, and cover Rs 15,000 in litigation costs. All payments must arrive within three months.
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