NOJENDRA BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Dutta, learned counsel appearing for the petitioner. The respondents are represented by the learned Govt. Advocate Mr. J Handique.

(2.) The petitioner was a constable Havildar Major (CHM) in the 7th Assam Police Battalion and after his allotted carbine and ammunition went missing lost from his room on 8.4.2006, a disciplinary proceeding was drawn up through the show cause notice dated 22.5.2006 (Annexure-B) by the Commandant of the Battalion. For loosing the arms, the petitioner was charged with gross negligence and dereliction of duty and indisciplined conduct on the following statement of allegation:

(3.) In his reply, the petitioner admitted the weapon loss but requested for dropping of charge as he was on the verge of retirement and had an unblemished career. But the reply was not accepted and a departmental inquiry was ordered. Through the notice dated 21.6.2006 (Annexure-D), the Inquiry Officer notified the delinquent to enable him to produce his evidence if any.