NANDESWAR BORAH Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for quashing of order dated 29-01-2001 passed by Commandant, 8th Assam Police Battalion, Abhayapuri in the district of Bongaigaon imposing the penalty of stoppage of three increments in the pay scale of Constable with cumulative effect as punishment for gross-misconduct and in disciplined behaviour with a warning to be careful in future.

(2.) Case of the petitioner is that at the relevant point of time he was serving as Constable in the Assam Police and was posted at 8th Assam Police Battalion, Abhayapuri. He was served with a show-cause notice dated 14-11-2000 issued by his disciplinary authority i.e. the Commandant of the Battalion to show-cause u/s 7 of the Police Act, 1861 read with Rule 66 of the Assam Police Manual Part-III and Art. 311 of the Constitution of India as to why any of the penalties prescribed therein should not be inflicted on him for the charge brought against him. The allegation against the petitioner was that while he was detailed for duty at Gossaigaon Railway Station for railway security duty on 09-11-2000, during evening roll-call, he quarrelled with the platoon commander and gave him blows because of which the platoon commander sustained injuries requiring medical treatment. Petitioner was, therefore, charged with gross-misconduct and in disciplined behaviour. The show-cause notice was accompanied by statement of allegation, list of witnesses and list of documents to prove the charge.

(3.) Though petitioner submitted his show-cause reply denying the allegation, the disciplinary authority decided to draw-up departmental proceeding against the petitioner. By order dated 30-11-2000, Shri A.K. Modak, 21/C 8th Assam Police Battalion was appointed as the Enquiry Officer.