JANARDAN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner is aggrieved by Annexure-V order dated 28.2.2010, by which, pursuant to a departmental proceeding, he has been removed from service. He is also aggrieved by rejection of the departmental appeal that was preferred against the order of removal, vide the Annexure-VII order dated 26.9.2011. The petitioner while was serving as Constable (AB), to which post, he was appointed on 25.2.1995 was served with the show cause notice dated 2.9.2001 in respect of departmental proceeding (DP No. 22/09). The same was under Section 65 of the Assam Police Act read with Rule 66 of the Assam Police Manual, Part-III and Article 311 of the Constitution of India and also Rule 7 of the Assam Services (Discipline & Appeal) Rules, 1964. The charges that were leveled against the petitioner is reproduced below:

(2.) In response to the charge sheet, the petitioner submitted his show cause reply vide the Annexure-II reply dated 2.1.2009. In the written statement, his defence was that as he had sustained injury in his right arm, he could not perform the escort duty. As regards the charge of unauthorized absent from duty, his reply was that he had gone home without taking permission from the competent authority and there he suffered from illness and as such had to remain absent while undergoing traditional treatment practiced in the village. He admitted that for the purpose, he had to stay away from duty for 2 months 15 days.

(3.) Being not satisfied with the reply furnished by the petitioner, the disciplinary authority vide Annexure-III order dated 23.11.2009 ordered for departmental enquiry appointing Inquiry Officer. Thereafter, the enquiry was conducted and the Inquiry Officer found the petitioner guilty of the charges and accordingly the disciplinary authority vide the impugned Annexure-V order dated 28.2.2010 imposed the penalty of removal from service. Being aggrieved, the petitioner preferred a departmental appeal, which was also rejected by Annexure-VII order dated 26.9.2011. Hence this writ petition.