LAWS(GAU)-2001-3-18

ATUL CH DAS Vs. ABHIJIT KR SINHA KASHYAP

Decided On March 15, 2001
ATUL CH. DAS (ABC/36 Appellant
V/S
ABHIJIT KUMAR SINHA KASHYAP Respondents

JUDGEMENT

(1.) This writ petition has been filed challenging the order of dismissal passed by the Superintendent of Police, Hailakandi on 9.10.93 in exercise of powers under Article 311 (2)(b) of the Constitution of India read with Section 7 of the Police Act, 1861 and Rule 66 of the Assam Police Manual Part-in. It is pertinent to mention here that the petitioners also, by way of abundant caution prayed for revocation of the suspension order which preceded the dismissal order.

(2.) I have heard Mr. RP Sharma, learned senior counsel for the writ petitioners and also Mr. D. Goswami, learned State counsel.

(3.) The dismissal orders annexed with the writ petition as Annexure-II series show that all the five constables were dismissed on the same ground. Hence, for the purpose of adjudication of the dispute raised, it would be convenient to quote here-in-below one of such orders. The order passed in respect of constable ABC/36 Atul Chandra Das reads as follows: