KANAK CHANDRA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. R Ali, learned counsel for the petitioner, and Ms. HM Phukan, learned Government Advocate, for the respondent.

(2.) THE petitioner, a constable in the Assam Police Force, was posted at a SULFA Camp, Basanaghat, in the district of Morigaon, for guarding the said Camp along with two other constables, namely, Ainul Haque and Kuladhar Bordoloi. On 20-03-2003, at about 5 pm, 1 (one) SLR, which is a prohibited arm, issued to the petitioner, was found missing from the said Camp. At the time, when the fact that the SLR was missing in the Camp, was noticed, the petitioner was absent from the Camp without any intimation to any one and without any permission from appropriate authority. A disciplinary proceeding was accordingly initiated against the petitioner on the following charges: i)SLR being No. 16261667 issued to the petitioner was found missing from the SULFA Camp, Basanghat, Morigaon. ii)Unauthorised absence from the said Camp at the time of incident leaving the SLR negligently in the Camp.

(3.) THE question, therefore, which is required to be decided, in this writ petition, is as to whether the penalty imposed is disproportionate to the nature of misconduct, which the petitioner has been found guilty of.