LAWS(GAU)-2024-3-45

NIDANUL ISLAM Vs. STATE OF ASSAM

Decided On March 28, 2024
Nidanul Islam Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. T. C. Chutia, learned Additional Senior Government Advocate, Assam representing the respondents.

(2.) The petitioner is presently serving as Inspector in the Office of the CID, Ulubari. While the petitioner was posted as In-Charge, at Deberapar Police Outpost under Moriani Police Station, Jorhat, Assam, an incident of firing by police took place, wherein one minor boy was killed and another person got injured.

(3.) On the backdrop of the aforesaid incident, the Superintendent of Police, Jorhat, Assam issued a show cause notice dtd. 23/8/2013 under Sec. 65 of the Assam Police Act 2007 read with Rule 66 of Assam Police Manual Part-III and Article 311 of the Constitution of India and also under Rule 7 of the Assam Service (Disciplinary and Appeal) Rules 1964, asking the petitioner as to why any penalties prescribed in the said Rules should not be inflicted upon the petitioner on the three charges framed.