KUSHAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) A penalty of removal from service dtd. 28/6/2014 which has been upheld by the Appellate Authority by dismissing the appeal of the delinquent petitioner is the subject matter of challenge in this writ petition.

(2.) The facts projected in the petition are that the petitioner was appointed as a Constable in the Assam Police in the year 1990. On 19/4/2012, an explanation was called for from the petitioner as he was often found to be absent from the duties. The petitioner claims to have responded to the said Notice by stating that he was having health issues. Prior to that, to regularise the leave, the petitioner was issued a communication dtd. 5/4/2012 to submit leave application. On the aforesaid issue of frequent absence from duties without leave, a Departmental Proceeding was drawn up vide a communication dtd. 11/4/2012 and accordingly, a Show Cause Notice was issued on 19/4/2012. The principal charge against the petitioner was absence from duties without permission. The said Notice had also named certain witnesses. The petitioner claims to have submitted a written statement of defence wherein the cause shown was ailment. It however transpires that even during the pendency of the said Departmental Proceeding, the petitioner was again found to be unauthorizedly absent for which a Notice dtd. 24/12/2013 was issued directing him to join in service. The petitioner accordingly had joined the service on 30/12/2013.

(3.) After completion of the Departmental Enquiry, the petitioner was issued a second Show Cause Notice on 30/3/2014 by the Disciplinary Authority forwarding a copy of the findings of the Enquiry Officer. It however transpires that the petitioner did not submit any response to the second Show Cause Notice. Accordingly, vide the impugned order dtd. 28/6/2014 issued by the Disciplinary Authority, i.e., the Superintendent of Police, Goalpara, the penalty of removal from service was imposed upon the petitioner.