BAHAR AHMED LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. K. Borah, learned counsel appearing for the writ petitioners in WP(C) Nos. 6228/2023 and 6229/2023 and Mr. A.H.M.R. Choudhury, learned counsel appearing for the writ petitioner in WP(C) No. 6185/2023. Also heard Mr. J. K. Goswami, learned Additional Senior Government Advocate, Assam appearing for the State respondents.

(2.) By way of these writ petitions under Article 226 of the Constitution of India, the petitioners are challenging the orders dtd. 7/7/2023 and 27/9/2023 whereby the petitioners were dismissed from service. The facts of the case is that pursuant to a valid recruitment process the petitioners were appointed in the Armed Branch of the Assam Police and thereafter, the petitioners were working as Head Constable under the respondents. It is the specific case of the petitioners that while they were posted as Head Constable in Jirighat Police Station in the district of Cachar, Assam and were allotted the "Naka Duty" on 21/4/2023 at Jirighat Naka Post, the petitioners had taken a little break from their duties, when the incident happened for which an enquiry was constituted and after conclusion of the same they were dismissed from service. Accordingly, the present writ petitions have been filed.

(3.) Mr. Borah, learned counsel for the petitioners submits that the punishment imposed i.e. "dismissal from service" by the disciplinary authority is not proportionate to the gravity of the offence proved and as such contends that the punishment be altered and reduced.