TIRTHA NATH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order, dated 27.3.2009, passed by a learned Single Judge of this Court, in WP(C) 4705/2003, is in challenge in this appeal.

(2.) In the first charge, brought against the appellant, it has been charged that, while the appellant, along with Sub-Inspector Haresh Kumar Borgohain and three other constables, were standing at a distance of about 15 metres from the place of occurrence, for the purpose of protecting the officers, on duty, despite opening of fire, by the miscreants, at the Police party, on duty, the appellant failed to retaliate by firing even a single shot, as a result of which the assailants could escape, on foot, leaving behind their motor cycle. It has been charged that the said acts/lapses, on the part of the appellant, amounted to gross negligence of duty, gross misconduct and dereliction of duty.

(3.) The reply to the said show cause notice, not been found to be satisfactory, Mr. Imran Hussain Bora, the then Additional Superintendent of Police, Dibrugarh, was appointed as the Enquiry Officer for holding an enquiry, on the charges, brought against the appellant. The appellant also participated in the said enquiry and raised certain grievances with regard to the manner in which the enquiry was conducted. At the close of the enquiry, the report was submitted by the Enquiry Officer holding that both the charges were proved.