BHUGIRAM HAZARIKA Vs. SUPDT. OF POLICE AND ORS.

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution, in which the petitioner has prayed for quashing or setting aside an order of dismissal passed against him by an appropriate writ.

(2.) THE facts giving rise to this application have been elaborately set out in the application and have not been controverted on behalf of the Government. The material facts are these:

(3.) IT is necessary to point out that these grounds referred to in the order of the Superintendent of Police were not the subject -matter of the charges at all. The petitioner had no opportunity to show cause against these allegations and no proceeding had been started on that basis and with reference to those matters. A copy of the above order of the Superintendent of Police was sent to the petitioner on 29 -4 -52, the petitioner having been in the meantime transferred to Golaghat Police Station. The petitioner did not protest against the order; but apparently the matter did not rest there. There could be no doubt, as admitted by both parties, that the Superintendent of Police was the appointing authority, so far as the petitioner was concerned. Several months after, on 4 -1 -53, the petitioner was surprised to receive a fresh order from the then Superintendent of Police, Sibsagar. This was in the following terms: