LAWS(GAU)-2024-1-65

OM PRAKASH RAUT Vs. STATE OF ASSAM

Decided On January 25, 2024
Om Prakash Raut Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Junior Government Advocate, Assam appearing for the State respondents.

(2.) The challenge in the present proceedings is to an order dtd. 27/5/2013 issued by the Superintendent of Police, Dibrugarh, Assam, by which on conclusion of departmental proceedings initiated against the petitioner, he was imposed with the penalty of removal from service.

(3.) The petitioner was initially appointed as a Constable in the 16thAP(IR) Bn, Barmanipur, Morigaon in the year 1998. During the course of his service, he came to be attached as PSO of one Kukil Gogoi. The petitioner was issued with a show-cause notice on 7/5/2012, charging him with gross misconduct and negligence in discharging lawful duty. The allegations levelled against the petitioner was that on 13/9/2011, after handing over his arms and ammunitions to one Amar Bhuyan, he had gone for bringing meals for said Kukul gogoi and his companions. During the period of absence of the petitioner, the said Kukil Gogoi had killed one Sonal Banerjee using the arms and ammunitions of the petitioner. It was further alleged that on return of the petitioner to the Resort, he had assisted said Kukil Gogoi and his companions to clean the room by removing the blood stains on the floor and also in disposing the dead body. It is further alleged that the petitioner had not reported the incident as occasioned on 13/9/2011 to his superiors.