STATE OF MEGHALAYA Vs. SATYA NARAYAN ROY

JUDGEMENT

(1.) The appeal is directed against a judgment and order of April 6, 2021 passed on the respondent's writ petition challenging the punishment of dismissal from service on the ground of the writ petitioner having indulged in immoral activities amounting to moral turpitude and tarnishing the image of the Police Department.

(2.) At the relevant time, the writ petitioner was a Sub-Inspector in the East Khasi Hills DEF. By a notice dated November 29, 2011, the writ petitioner was informed that in course of the investigation pertaining to a particular criminal case, it was revealed that "on 17/3/2011 evening, you along with victim girl namely Miss Sanchita Dhar, Miss Kim Mercy Vaiphei and another two boys namely Bobby and Johny went to Assembly Hotel, Police Bazar and booked a room in your name. Thereafter, you indulged yourself in immoral activities with your accomplices which amounts to moral turpitude, tarnishing the image of the department as a whole."

(3.) Following the writ petitioner's response and the protracted disciplinary proceedings, a terse, one-page order was passed by the Superintendent of Police as the disciplinary authority on August 10, 2013 concluding, inter alia, that the delinquent and his accomplices had "indulged in an act of immoral activity by indulging in illicit sexual intercourse with the two minor girls ..". The writ petitioner was discharged from service. The punishment was, subsequently, modified to dismissal from service with immediate effect. The departmental appeal did not result in any cheer for the writ petitioner, whereupon he approached this Court under Article 226 of the Constitution with WP (C) No.146 of 2015, that has culminated in the judgment and order impugned dated April 6, 2021 being passed.