VIKRAM D. MOMIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) BY this writ petition, the petitioner is assailing the order dated 04.07.2012 passed by the respondent No.6 i.e. the Superintendent of Police, East Khasi Hills District, Shillong for dismissing the petitioner from service and also the order dated 14.05.2013 passed by the respondent No.5 i.e. the Deputy Inspector General of Police (Eastern Range), Meghalaya, Shillong dismissing the appeal filed by the petitioner against the dismissal order dated 04.07.2012.

(2.) HEARD Mr. AH Hazarika, learned counsel for the petitioner and Mr. S Sen Gupta, learned GA appearing for the State respondents.

(3.) IN response to the said show cause notice, the petitioner filed his written statement/show cause statement dated 17.12.2011 to the respondent No.6, Superintendent of Police, East Khasi Hills District, Shillong wherein, the petitioner apologized for what had occurred and also promised that he will not repeat the same in the near future. The show cause statement dated 17.12.2011 (Annexure -III to the writ petition) reads as follows: - ''To, The Superintendent of Police, East Khasi Hills District, Meghalaya. (Through proper Channel) Sub: WRITTEN EXPLANATION. Ref: Your letter No.RE/GEN/PT -III/2011/911 dated: 25.11.2011 Sir, With due humble and respect and in reference to the subject cited above, I have the honour to lay before you some few lines favour of your kind consideration and sympathetic order please: 1. That Sir presently I am attached to DSP Traffic as an orderly and performing my duty honestly and deligently. 2. That Sir, I am served with a Show Cause Notice as cited above with statement of allegations for gross negligence and dereliction of duty. 3. That Sir, as per the statement of allegation No.1, that on 16.11.2011 at about 12:30 PM a polythene bag lying abandoned at vegetable market, Bara Bazar containing one set of Police Uniform, One Pouch, 2 Magazines of INSAS Rifle and 37 rounds of 5.56 ammunitions was found by S.I. K.P. Singh Cantonment B.H. was true and admitted the same. That the real facts of the case was that on that very day, I was proceeding to Police Reserve via/ through Bara Bazar for joining my duty after recovering from sick rest along with my uniform and ammunitions kept on a polythene bag, but unfortunately the said bag was missing from my hand due to pushing from different directions/angles for overcrowding at Bara Bazar area. 4. That Sir, as per statement of allegation No. -2, 3 rounds of 5.56 ammunitions were missing from the lot issued to me which is false and I deny the same in total. The true fact is that the said 3 rounds of missing ammunitions are kept at my resident till date and I will submit the same before the concerned authority.