ASWINI KUMAR DAS Vs. GOVERNMENT OF ASSAM

JUDGEMENT

(1.) COMPULSORY retirement; one of the major penalties, was handed down to the appellant on conclusion of departmental proceedings. The order was challenged in the writ proceedings, namely, W.P(C) No.1376 of 2008, which was dismissed by the impugned judgment and order, dated 22.12.2010. The appellant prefers the present appeal.

(2.) WE have heard Mr. N.C.Barooah, learned counsel for the appellant, and Mr. P.S.Deka, learned Government Advocate, Assam, appearing for the respondents No.1 to 4. None has appeared for the respondent No.5, Assam Public Service Commission.

(3.) MR. P.S. Deka, learned Govt. Advocate, appearing for the State- Respondents, places the official record, namely, file No. PROC.CELL/XXVII/1/2002 relating to departmental proceeding drawn up against Inspector (UB) Aswini Kr. Das LI, Police Training Centre, Dergaon. He submits that the appellant availed casual leave for three days from 23.9.2002 and he was supposed to report back on 28.9.2000, but he overstayed without prior sanction from the authorities. The appellant sent his application only on 20.10.2000 for 60 days earned leave on medical ground, with effect from 23.9.2000, followed by other applications requesting for extension of earned leave from time to time. For the purpose of granting leave, the appellant was directed to appear before the departmentally constituted medical board on two occasions, but he did not turn up, whereupon the department issued show cause notice to the appellant and as his written statement was not found satisfactory, a departmental proceeding was initiated against him, the apellant participated, in the departmental proceeding, by submitting the documents on which he wanted to rely upon, he remained present during departmental proceeding, but he chose not to cross-examine the witnesses examined by the department nor did he examine any witness in his defence.