KARUNADAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application has been filed making a challenge to an order dated 30.9.99 by which the petitioner, a Police Constable under the respondents was discharged from service pursuant to a departmental proceeding initiated and completed against him.

(2.) The departmental proceeding No. 17/99 was drawn against the petitioner under Section 7 of the Police Act read with Rule 66 of Assam Police Manual part-III read with Article 311 of the Constitution of India. The charge sheet was issued under Memo dated 29.7.1999 and it reads as follows:-

(3.) The petitioner submitted his written statement explaining the circumstances leading to his unauthorized absence for the period in question. According to him, he completed his duty at Guwahati as was assigned to him and thereafter he came to know through telephonic talk with his mother that his father was ill. On getting the news of his father's illness, the petitioner rushed to his native place to meet his father and thereafter remained with his fathers till he recovered from his illness. Thereafter, he went to join his duty at Abhayapuri. According to the petitioner, he never committed any misconduct and on that basis he tendered unqualified and unconditional apology for any commission or omission on his part. The written statement was filed on 6.8.99.