BHASKAR OJAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The legality and validity of a Departmental Proceeding initiated vide a Show Cause Notice dtd. 8/12/2022 is the subject matter of challenge in this petition filed under Article 226 of the Constitution of India. The principal ground of challenge is that the said proceeding is de novo on same / similar set of charges which was proceeded on the basis of a previous Departmental Proceeding leading to an order dtd. 6/8/2022 of exoneration from the charges passed by the Disciplinary Authority.

(2.) Before going to the issue which has arisen for determination, it would be convenient if the facts of the case are narrated in brief.

(3.) The petitioner is an APS Officer under the State of Assam and presently holding the rank of a Deputy Superintendent of Police. While serving in the aforesaid capacity at Dhubri, an FIR was lodged leading to registration of Dhubri P.S. Case No. 654/2018 in which the petitioner was the Investigating Officer. However, while acting in the aforesaid capacity, there was an allegation of demand of bribe by the petitioner and in connection thereof, another Police Case was registered which was numbered as Dhubri P.S. Case No. 1043/2018 under Sec. 7 of the Prevention of Corruption Act, 1988.