HARDING K. KYLLIANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By this writ petition, the petitioner is assailing the impugned dismissal order dated 31.10.2009 (B.O. No. 3280 dated 04.11.2009) issued by the disciplinary authority i.e. Commandant, 1st Battalion Meghalaya Police, Mawiong, Shillong only on the main ground that the impugned order was issued in clear violation of the principles of natural justice and also in clear violation of Rule 66 of the Assam Police Manual Part III adopted by the Government of Meghalaya.

(2.) Heard Mr. A.H. Hazarika, learned counsel appearing for the petitioner and also Mr. H.Kharmih, learned G.A. appearing for the respondents. At the very outset of the hearing, learned counsel appearing for the petitioner and the respondents stated that the disciplinary proceedings against the petitioner was held under Section 7 of the Police Act, 1861 (Act No. 5 of 1861) read with Rule 66 of Assam Police Manual Part III.

(3.) Factual matrix:- The petitioner was appointed as Constable during the month of April, 1984 under the 1st MLP Battalion Meghalaya Police, Mawiong, Shillong and had rendered continuous of 24 years of service. On 21.03.2007, the petitioner after completion of his duty, while returning home from Upper Shillong at about 11:30 P.M. was suddenly attacked from behind by 3 (three) boys; in the process of scuffle, the revolver issued to the petitioner was snatched away by the said 3 (three) miscreants, but the petitioner managed to snatch back the revolver from the miscreants and escaped from the place of occurrence to save his life and his service revolver. It is also stated that in the scuffle, there was misfiring of his service revolver.