BUDHESWAR DEKA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THE Petitioner while working as Constable at Nahalagun 'A' Company, a departmental proceeding was, instituted against him and he was placed under suspension w.e.f. 21.12.87. The charge sheet was issued on 23.3.87 by the Superintendent of Police, Ziro containing the following Articles of charges:

(2.) I have heard Mr. K.K. Mahanta, learned Counsel for the Petitioner and Mr. A. Roy, learned Govt. Advocate.

(3.) MR . A. Roy, learned Govt. Advocate on the other hand, submits that although no domestic enquiry was held into the charges after receipt of reply from the Petitioner denying the allegations contained the charge sheet, in fact the enquiry was held on 30.12.86 on which date the Circle Officer examined the witnesses as well as the Petitioner and asked the Petitioner to cross examine the witnesses and the finding of the enquiry after was given on the basis of the enquiry dated 30.12.06 held in the presence of the Petitioner. Mr. Roy further submits that although technically the domestic enquiry ought to have been held after receipt of reply to the charge sheet from the Petitioner but the principles of natural justice was substantially complied with in the enquiry held on 30.12.86.