NABIN MOHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition is directed against the order dated 18.11.2002 passed by the Commandant ASRF Bn-II, removing the petitioner from his service as a Constable of Assam Special Reserve Force Battalion - II, in short, ASRF Bn-II, pursuant to a departmental proceeding.

(2.) The petitioner was suspended by an order dated 22.02.2001 pending drawal of departmental proceeding by the Commandant ASRF Bn-II. Thereafter, a show-cause notice dated 26.03.2001 was issued by the Commandant, ASRF Bn-II to the petitioner, requiring him to show-cause under Rule 9 of Assam Services (Discipline and Appeal) Rules, 1964, for short, Rules of 1964, read with Article 311 of the Constitution of India as to why any of the penalties prescribed under Rule 7 of the Rules of 1964 shall not be inflicted upon him. He was charged with gross negligence of duty and misconduct on the basic allegation that while he was on sentry duty in Gate No. 2 of Battalion Headquarters from 1800 Hrs to 2000 Hrs on 21.02.2001, a group of extremists entered the Battalion campus through the Gate No. 2 and they started indiscriminate firing resulting in the death of 3 persons and injury to 2 persons, besides looting of 2 rifles including one belonging to him. The written statement of defence was to be filed within 10 days of the date of receipt of the show-cause notice dated 26.03.2001 provided he did not intend to inspect the documents. If he intended to inspect the documents having relevance with the issue, he was to make a request within 7 days and thereafter to submit the written statement within 10 days from date of completion of the inspection. With the said show-cause notice dated 26.03.2001, statement of allegations, list of documents as well as list of witnesses were enclosed. The departmental proceeding was numbered as DP No. 6 of 2001.

(3.) The petitioner submitted his written statement on 09.04.2001 denying the charge and stating that the fateful incident had taken place on "Siva" puja day when the road was full of people and at around 06:30 p.m., some persons carrying sophisticated arms entered into the Battalion through the broken fence and over-powered him from his backside.