MANORANJAN NARZARY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. G. Choudhury, learned counsel for the petitioner. Also heard Mr. S. S. Roy, learned CGC representing the respondents.

(2.) The petitioner in the present proceeding has assailed a Memorandum dtd. 17/8/2012, by which a Disciplinary proceeding came to be instituted against him in the matter on the ground that such institution was with long unexplained delay and after the criminal case instituted in the matter against the petitioner was dismissed by the Trial Court acquitting the petitioner from the charge as framed against him therein.

(3.) The petitioner has projected in the writ petition that he was initially appointed as a LDC cum Cashier in the Regional Centre, National Service Scheme, Guwahati. Thereafter, while the petitioner was working as a Youth Assistant (YA)-II in the said establishment, the Youth Officer lodged an FIR on 18/3/1997 to the extent that a Cheque bearing No. 131923 was stolen from the office and was encashed with the State Bank of India, Dispur Branch, Guwahati on 1/3/1997 for an amount of Rs.2,50,000.00 (Two lakhs fifty thousand). Accordingly, it was prayed that an investigation into the matter is to be made. On receipt of the said FIR, the Police registered the Dispur Police Case No. 250/1997, under Sec. 380 of the IPC. It is seen that the petitioner was placed under arrest in connection with the said Police case and accordingly, he came to be placed under suspension vide a notification dtd. 21/4/1997. The Police on completion of the investigation in Dispur P. S. Case No. 250/1997, proceeded to submit a Charge-sheet in the matter and thereafter, the Trial Court, on examination of the evidences on record, proceeded to consider the same and vide the Judgment dtd. 15/12/2000 hold that the prosecution has failed to link the Cheque involved with the accused persons, which include the petitioner herein and accordingly, the accused persons including the petitioner herein were held to be not guilty of the charges so leveled against them in the said criminal case.