BIDYUT BURAGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been preferred against the Judgment and order dated 8.1.2010 passed by the learned Single Judge in W.P. (C) No. 4827 of 2008 by which the writ petition filed by the appellant-petitioner challenging the order dated 16.4.2008 imposing major penalty of compulsory retirement from service by the disciplinary authority and the order dated 28.82008 of the appellate authority rejecting the departmental appeal of the appellant-petitioner was dismissed. Brief facts of the case, as may be relevant for consideration by this Court, may be stated hereinbelow.

(2.) While the petitioner was serving as an Additional Superintendent of Police in Lakhimpur District, he was placed under suspension by an order dated 10.07.2001 in contemplation of a departmental enquiry. The petitioner was subsequently served with the memorandum of charges containing following charges:-

(3.) Being aggrieved by the aforesaid order of penalty dated 16.4.2008 passed by the disciplinary authority as well as the order dated 28.8.2008 passed by the appellate authority dismissing the appeal filed by the petitioner, the petitioner approached this Court by tiling the writ petition being W.P. (C) No. 6097/2003 challenging the said orders.