KHAN NAZRUL ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. I.A. Talukdar, learned counsel for the petitioner as well as Ms. B. Das, learned CGC. By means of this writ petition filed on 12.9.2014, the petitioner has challenged the Annexure-6 order dated 26.2.2009, by which, pursuant to a departmental proceeding, he was dismissed from service.

(2.) Apart from the unexplained delay in filing the writ petition, the only projection made in the writ petition is that in view of acquittal of the petitioner in the particular criminal case, he is required to be reinstated in service by setting aside the aforesaid order of dismissal is also not sustainable in the given facts and circumstances discussed below.

(3.) The petitioner was a member of a disciplined force and he was working as Constable in 165 Bn. in CRPF. He was so appointed on 5.6.2004. He was on leave for the period from 5.1.2008 to 3.2.2008. Taking leave, he came to his native place at Barpeta. During the currency of the leave and while staying at Barpeta, his wife allegedly committed suicide in her own house on 14.1.2008. Barpeta P.S. Case No. 58/2008 was registered under Section 304(B)/34 IPC. The petitioner was arrested in connection with the said case on 25.1.2008 and released on bail on 18.3.2008.