SAMSUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition is directed against the order dated 19.09.2006 whereby, the petitioner, who was a Constable, was dismissed from service with immediate effect pursuant to a departmental enquiry held.

(2.) Following a selection process, the writ petitioner was appointed as a Constable in the month of March, 2001 and was posted at 10th Assam Police Battalion at Kahilipara. He along with five others, four of whom were also constables, were arrested in connection with Dispur Police Station Case No. 1192/2005 under Section 395 IPC (G.R. Case No. 4036/05).

(3.) By a memo dated 07.12.2005, the petitioner was asked to show cause under Section 7 of Police Act, 1861 read with Rule 66 of Assam Police Manual (Part-III) and Article 311 of the Constitution of India as to why any of the penalties mentioned therein should not be inflicted upon him on the charges based on the allegation that he was found unauthorisedly absent from duty w.e.f. 08.10.2005 and that during such absence, he was found involved in a criminal case being Dispur P.S. Case No. 1192/05 under Section 395 IPC.