TATO LOMBI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. Ajin Apang, learned counsel for the petitioner. Also heard Mr. Kardak Ete, learned additional Advocate General, Arunachal Pradesh assisted by Ms. Gita Deka learned Additional Senior Government advocate, Arunachal Pradesh for the State respondents.

(2.) The petitioner herein is a constable in 2nd Arunachal Pradesh Police Battalion, presently posted at Itanagar Police Station of Papumpare District. While the petitioner was posted at Roing of Lower Dibang Valley District, on 18.11.2003, when he was detailed for rear guard duty of the Under Trial Prisoners ('UTPs') at Judicial Lock-Up at Roing for the period from 2200 hours to 2400 hours, 11 such UTPs managed to escape from custody during said period by cutting iron rods of ventilator of the lock-up. As the petitioner was found absent in his assigned duty during the said hours on the date of the incident, the Commandant of 2nd Arunachal Pradesh Police Battalion, Battalion Head Quarter, Along vide No.P-027/DP/2nd BN/SP(R)RNG/03 dated 24.11.2003 initiated the disciplinary proceeding against him and 9 others of the Battalion under rule 7 of the Arunachal Pradesh Police (Discipline and Appeal) Rules, 1999 for their misconduct and deliberate negligence in duty, which is unbecoming for a member of discipline force, which make them unfit for their retention in the discipline force. The petitioner and the other delinquents were served with the memorandum of charge, statement of articles with list of documents and witnesses, directing them to submit their written statement within 10 days from the date of receipt of said memorandum in their defence before the enquiring authority. On the same day the said disciplinary authority, the Commandant of 2nd APP Bn. BHQ, Along vide order No. P-027/DE/2nd BN/SP(R)RNG/03 dated 24.11.2003 appointed Inspector M. Gogoi, Circle Inspector of Police, Roing as an enquiring authority to enquire into the charges levelled against the delinquents including the petitioner.

(3.) The petitioner on 24.11.2003 submitted his written statement with regard to the aforesaid memorandum of charges, denying the allegations stating that he has unblemished past record, does his duty very sincerely and with utmost devotion and integrity and, therefore, the disciplinary proceeding contemplated against him is unwarranted and he is entitled to be exonerated from the charges.