NANI GRAYU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. Lazi, learned counsel for the petitioner. Also heard Ms. G. Deka, learned Addl. Senior Government Advocate, for State respondents.

(2.) The petitioner challenges the office order No. DE-OI8/2NDBN/NG/07 dated 21.8.2008 issued by the Commandant, 2nd APP Bn, BHQ, Aalo, whereby the petitioner has been dismissed from service.

(3.) The facts leading to his dismissal are that the petitioner was appointed as Constable Driver in the 2nd APP Bn Arunachal Pradesh State Police. He joined in his service on 19.09.2005. While he was directed to join at Nacho and preparing to join thereat, he fell sick suddenly and he proceeded to his native place at Ziro for medical treatment. When he was undergoing medical treatment, his father expired in the month of February, 2007 and the petitioner had to perform the rituals. He returned and re-joined in his duties on 01.10.2007. His joining report was accepted but he was placed under suspension w.e.f. 10.10.2007 on contemplation of departmental proceeding and he was directed not to leave the Headquarter. A memorandum of charges dated 11.10.2007 was served upon the petitioner asking him to file written statement of defence within 10 days. The petitioner filed the written statement (Annexure-V to the writ petition). Thereafter, the respondents initiated the departmental proceeding against the petitioner by appointing an Enquiry Officer under the provision of Rule 7 of the Arunachal Pradesh Police (Discipline & Appeal) Rules, 1999. The petitioner participated in the departmental proceeding. The Enquiry Officer submitted inquiry report and a copy of the same was furnished to the petitioner vide forwarding letter dated 09.07.2008 followed by show-cause notice dated 30.07.2008 on proposed imposition of penalty. The petitioner could not submit the reply to the show-cause notice within prescribed time but he requested for exten-sion of time by one month vide his letter dated 08.08.2008. But before granting time, the impugned punishment order dated 21.8.2008 was issued. On receipt of the impugned dismissal order, the petitioner preferred an appeal on 26.09.2008 before the Deputy Inspector General of Police, Bn, Itanagar, under the provision of Rule 26( 1) of the Arunachal Pradesh Police (Discipline & Appeal) Rules, 1999(Annexure-IX to the writ petition). The said appeal was rejected vide order dated 07.11.2008 passed by the DIGP, confirming the punishment order. Thereafter, the petitioner again filed a revision petition on 29.12.2008 before the Inspector General of Police, Itanagar, but it was also rejected vide order dated 08.05.2009 (Annexure-X to the writ petition). Having no other alternative, the petitioner approached this Court by filing the present writ petition.