FAIZUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The issue which has been raised in this writ petition is with regard to a penalty of dismissal of service pursuant to a disciplinary proceeding. The challenge is based on the grounds of illegality both procedural and substantial and parity in imposition of the penalty.

(2.) The petitioner was appointed as a Police Constable (UB) and at the relevant time was serving as the Head Constable at the Dispur Police Station. An FIR was lodged in the said Police Station on 4/2/2019 by three informants with regard to illegal seizure of certain gold biscuits allegedly by the Officers of the Dispur Police Station. The FIR however does not contain names of any accused persons. Be that as it may, the petitioner was arrested in connection with the said FIR which was registered as Dispur Police Station Case No. 363/2019 under Sec. 392 of the IPC. Owing to such arrest, the petitioner was placed under suspension on 9/2/2019 which was followed by initiation of a disciplinary proceeding by issuance of a show-cause notice dtd. 6/4/2019. The petitioner had replied to the show-cause notice and not being satisfied, an enquiry was initiated by appointment of an Enquiry Officer. It is the case of the petitioner that though the enquiry was held, none of the relevant witnesses were produced and only one witness was produced whose version does not implicate the petitioner with any offence. The petitioner was served with a second show-cause notice with only the findings of the Enquiry Report without furnishing the entire report.

(3.) On 25/11/2019, the petitioner has submitted his reply and vide order dtd. 27/2/2020, the petitioner was dismissed from service. The departmental appeal preferred by the petitioner has also been rejected and accordingly the writ petition has been filed.