DIZEN BEZBARUAH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This writ application under Article 226 of the Constitution of India has been filed seeking a writ in the nature of certiorari, so as to set aside the enquiry report dated 30.03.2000; the order dated 02.03.2005 passed by the Deputy Inspector General of Police (E), respondent No.3 dismissing the writ petitioner from service and the orders dated 16.10.2007 and 12.05.2009 passed by the appellate authority and reviewing authority, dismissing the statutory appeal and the review application of the writ petitioner.

(2.) Heard Mr. P. K. Tiwari, learned counsel for the petitioner and Ms. G Deka, learned Addl. Senior Government Advocate, Arunachal Pradesh.

(3.) The gist of the case is that at the relevant period, the writ petitioner was serving as Sub-Inspector of Police and he was posted at Tezu. The case of the department is that the writ petitioner had established illicit and extra martial relation with one girl Ms. Jyotsna Nath. Besides this, the petitioner was also found taking liquor/ alcohol with the said girl and one civilian lady, namely Smt. Bina Balmiki in the house of the later. In the night of 14.09.1998, the petitioner had visited the house of Bina Balmiki and after taking alcohol they went to stay in a hotel. It was also the case of the respondents during the deparmental enquiry that the petitioner had a quarrel with Jyotsna Nath which led to the murder of the said girl due to bullet injury, fired by the writ petitioner from his service pistol. The further story of the incident is that after committing-murder of Jyotsna Nath, the petitioner fled away from the hotel and on the way to home he handed over the service pistol to one Dilipso Tayeng from whose possession the said pistol was subsequently recovered in a half cocked position.