ANANTA KHAKLARY Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) HEARD Mr. P. Kataki, the learned Counsel appearing for the petitioner. The respondents are represented by the learned Government Advocate Ms. B. Devi. The petitioner was a constable in the 4th Assam Police Battalion (A.P. Bn.) and he challenges the order dated 9.2.2006 (Annexure -X), whereby the constable has been dismissed from service, in pursuant to a disciplinary proceeding. The proceeding under Section 7 of the Police Act read with Rule 66 of the Assam Police Manual was drawn up through the show -cause -notice dated 28.6.2000 (Annexure -VII) and the primary allegation was non -disclosure of criminal antecedents in the petitioner's Verification Roll. Despite being convicted and incarcerated in prison in 2 criminal cases, the response "No" against Column No. 7 in the Verification Roll was furnished, although the informant was required to disclose his crime record.

(2.) IT may be noted that the delinquent was initially dismissed from service on 30.6.1994 but the dismissal order was set aside on a technical ground in the Civil Rule No. 3186/1994. Thereafter a fresh discharge order was passed in pursuant to the Disciplinary Proceeding No. 12/1997. But the D.I.G. (A.P) as the Appellate Authority found defects in the enquiry proceeding and consequently the delinquent was reinstated in service subject to de novo proceeding. Thereafter the present Discipline Proceeding No. 6/2000 was drawn up on 28.6.2000 which culminated in the impugned discharge order dated 9.2.2006 (Annexure -X).

(3.) 1. Being dissatisfied with the reply and since the disciplinary proceeding was drawn up under Rule 66 of the Police Manual, an enquiry was ordered into the Charges and the petitioner participated in the proceeding. The witness Ratish Ch. Dey, who was posted as Havildar/Clerk in the 5th A.P. Bn. admitted to have written the Verification Roll as per the request made by the petitioner and according to Mr. Dey, the delinquent informed the scribe that he has never been involved in criminal case.