PADMESWAR BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Additional Government Advocate, Assam for the respondents.

(2.) This writ petition is filed by the petitioner praying for setting aside and quashing the order dt. 8/9/2017 imposing a penalty of removal from service and also to set aside and quash the order dtd. 28/2/2018 passed by the Director General of Police (T&AP), Assam, Ulubari, whereby the appeal preferred by the petitioner was rejected and further to direct reinstatement of the petitioner in service with all consequential benefits.

(3.) The pleaded case of the petitioner is that he was recruited and appointed as a constable on 15/9/1998 in the 19th Assam Police (IR) Battalion. The petitioner joined his services in the AP Battalion at Kahilipara. Subsequently, he was transferred to 19th AP Battalion, Head Quarter, Tengakhat, Dibru-garh in the year 2016. The petitioner continued in his service without any blemish from any quarter. While he was in service, he received information on 19/2/2017 that his old and ailing widowed mother was seriously ill. He, therefore, submitted a leave application on the next day, which is on 20/2/2017, before the competent authority. However, no response was received from the competent authority. On 23/2/2017 he again received a phone call from his native place that the health condition of his mother was deteriorating and there was no one to look after his ailing mother in the home. So having found no option, the petitioner left the Headquarter without waiting for sanction of his leave and proceeded towards his native place on 24/2/2017. He reached his home on 25/2/2017. On reaching his home, he found that his mother had already undergone the Cataract operation on her right eye on 20/2/2017 at Shwahid Mukunda Kakoti Civil Hospital, Nalbari. As the mother of the petitioner could not regain her eye sight on the operated right eye, her left eye had to be operated which was undertaken in the month of April-May 2017. The petitioner however went to the Headquarter on 14/3/2017 to resume his duties before the left eye Cataract operation of her mother, but he was not allowed to enter into the Battalion Complex by the gate duty staff derailed for duty. The further case of the petitioner is that his monthly salary from the month of February, 2017 has not been received. The petitioner submitted further leave application on 8/9/2017 for granting 18 days Earned Leave. The petitioner was thereafter served with a notice dtd. 28/2/2017 issued by the Commandant, 19th AP (IR) Battalion, Headquarter, Tengakhat, Dibrugarh whereby the petitioner was asked to resume his duties within 5 days from the date of receipt of the notice otherwise departmental action was contemplated to be initiated against the petitioner. It is stated that he received the notice in the second week of March, 2017 and immediately thereafter he proceeded to resume his duties but he was not allowed to enter into the Battalion Complex and consequently, he could not resume his duties. A show-cause notice dtd. 18/5/2017 was issued to the petitioner charging him with gross negligence in duty and indisciplined conduct rendered by the petitioner which made him unfit to be retained in service as a Constable of Disciplinary police force. He was directed to submit his written explanation within 10 (ten) days and in the event he intends to inspect the documents then he should write to the signatory of the letter within 7 days from the date of receipt of the said communication and thereafter submit his explanation within 10 days from the date of completion of the inspection. Along with the said show-cause notice, statement of allegation, list of prosecution witnesses were also enclosed. The petitioner filed his reply to the said show-cause notice on 25/5/2017. Enquiry Officer was thereafter appointed who was directed to conduct the enquiry and submit findings within 30 days. The petitioner was directed to appear before the Enquiry Officer.