USHARANI SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ application, the petitioner has challenged the order of dismissal from service passed against her. Shortly stated the facts which could be gathered on a conjoint reading of the pleadings exchanged by and between the parties are as follows :

(2.) The petitioner who is an MA in Political Science, entered into the services of the respondents as Woman Police Constable (UB) way back in 1988. At the time of her dismissal from service by the impugned order dated 31.12.2003, she was attached with the Bureau of Investigation (EO), Guwahati where she was entrusted with general office duty. The petitioner had the occasion to file complaint case No. 2664/2001 against 4 accused persons including one Sri Ratul Kakati who were purportedly involved in an incident in her house. The said complaint case was filed in the Court of the Chief Judicial Magistrate, Kamrup and was registered under Section 380/420 IPC. For the purpose of decision in the instant case, the facts of that case need not be referred to Suffice is to say that it is the case of the petitioner that consequent upon filing of the said complaint case against the accused persons, as a counter blast said Sri Ratul Kakati and his associates including his father falsely implicated the petitioner in a criminal case about which mention has been made below.

(3.) After the aforesaid incident and lodging of the complaint case by the petitioner, she went to Dergaon for training and on her return from training, she was picked up by the police at Guwahati. Thereafter, she was brought to Lakhimpur Police Station where she was arrested in connection with a police case registered on the basis of an FIR lodged by the father of said Sri Ratul Kakati alleging kidnapping of Ratul by the petitioner on 10.10.2001. According to the petitioner she was not aware of such lodging of FIR till she was brought to Lakhimpur Police Station. On the basis of the said FIR, a police case was registered under Section 365/420/506 IPC which was eventually registered as GR Case No. 1771/2001 in the Court of Sub-divisional Judicial Magistrate (S), North Lakhimpur. According to the story narrated in the FIR, the petitioner had gone to the house of Ratul on 10.10.2001 at about 11 AM and requested Ratul to accompany her to North Lakhimpur Town helping her to board a bus to Guwahati. The request made by the petitioner was acceded to by the father of said Sri Ratul and allowed Ratul to accompany her to the bus station at North Lakhimpur. However, when Ratul did not come back, his father made an enquiry and could come to know that the petitioner kidnapped his son Such kidnapping of Ratul was allegedly by commanding Ratul to embark upon the buis under threat.