Tripura High CourtEmployment and Labour LawCriminal Law

Tripura HC Upholds Refusal To Reinstate Rifleman Dismissed For Overstaying Leave, As His Conviction Still Stands While On Bail

No. 08121114 Rfn (GD) Sonvir Singhv.The State of Tripura and 4 Ors.

Tripura HC Upholds Refusal To Reinstate Rifleman Dismissed For Overstaying Leave, As His Conviction Still Stands While On Bail. No. 08121114 Rfn (GD) Sonvir Singh vs The State of Tripura and 4 Ors.. Tripura High Court. LawLens
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In brief

The question

1. Whether the petitioner’s release on bail pending his criminal appeal meant that his conviction had been set aside, entitling him to reinstatement.

The court held

The Court held that the petitioner’s conviction remained in force despite his release on bail and that the departmental finding of unauthorised absence supported the refusal to reinstate him.

It also directed

Finding no merit in the writ petition, it dismissed the petition without costs and disposed of any pending applications.

01Facts

The petitioner, a rifleman in the Tripura State Rifles, was charged departmentally with overstaying his leave from 21 January 2015 without authority.

pp. 2–4

He was then in custody in connection with criminal cases in Uttar Pradesh.

pp. 2–4

The departmental inquiry proceeded ex parte after notices were served on him; the inquiry officer found the charge proved, and the disciplinary authority dismissed him from service in 2016.

pp. 2–4

In 2022, the petitioner was convicted and sentenced in the criminal cases.

pp. 4–5

His criminal appeal remained pending, but the Supreme Court granted him bail in February 2025.

pp. 4–5

After an earlier writ petition challenging his dismissal was dismissed for failure to pursue the departmental appeal, the petitioner sought reinstatement, arguing that his conviction had been set aside.

pp. 5–6

The Inspector General rejected that request on 10 July 2026 because the conviction remained in force and the petitioner had only been released on bail.

pp. 5–6

He challenged that rejection in this writ petition.

p. 6

02Issues

i.1. Whether the petitioner’s release on bail pending his criminal appeal meant that his conviction had been set aside, entitling him to reinstatement.

pp. 5–7

ii.2. Whether the petitioner’s detention prevented the respondents from treating his absence from duty as unauthorised and relying on the departmental inquiry to refuse reinstatement.

pp. 6–7

03Law Applied

The Court considered the disciplinary inquiry conducted under Rule 14 of the CCS (CCA) Rules, 1965, read with Rule 40 of the Tripura State Rifles (Discipline, Control & Service Conditions, etc.) Rules.

p. 2

It applied the principle that release on bail pending a criminal appeal does not set aside the conviction; unless the conviction is set aside, the convicted person cannot claim that the conviction no longer stands.

p. 7

The Court also considered the respondents’ authority to rely on the departmental finding that the petitioner had been unauthorisedly absent from duty.

p. 7

Provisions in the judgment · 8 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 147Section 148Section 149Section 302Section 307Section 323Section 504

Arms Act, 1959 Section 25

04Reasoning

The Supreme Court’s order granted the petitioner bail while his criminal appeal was pending; it did not overturn his conviction.

p. 7

The conviction therefore remained operative, and the petitioner could not rely on his release from custody as a basis for claiming reinstatement.

p. 7

Further, the departmental inquiry had found that he was unauthorisedly absent from 21 January 2015 until his dismissal in 2016.

pp. 6–7

The Court accordingly found that the respondents were entitled to refuse reinstatement, notwithstanding the petitioner’s contention that his imprisonment had prevented him from defending the inquiry.

pp. 6–7

05Holding

The Court held that the petitioner’s conviction remained in force despite his release on bail and that the departmental finding of unauthorised absence supported the refusal to reinstate him.

p. 7

Finding no merit in the writ petition, it dismissed the petition without costs and disposed of any pending applications.

p. 7
Tripura High Court

Original Court PDF

No. 08121114 Rfn (GD) Sonvir SinghvsThe State of Tripura and 4 Ors.

Tripura High Court · November 11, 2026

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