DAMBARU CHETIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India has been filed challenging, inter alia , the action of the respondent authorities in imposing the penalty of stoppage 3 increments with cumulative effect in a departmental proceeding. The petitioner has also challenged the dismissal of the departmental appeal which was preferred against the order of penalty. For ready reference, the relief prayed for in this writ petition is extracted hereinbelow-

(2.) The projected case of the petitioner, in a nutshell is that he was working as a Constable (Armed Branch) with the Assam Police and at the relevant time was posted at Dibrugarh. However, in connection with his involvement in a criminal case being Dibrugarh PS Case No. 497/2006 under Sec. 384 of the IPC corresponding to GR Case No. 1591/2006, vide an order dtd. 4/11/2006, the petitioner was placed under suspension. The same was followed by initiation of a disciplinary proceeding which was done by issuance of a show-cause notice dtd. 18/1/2007. The same were mainly on two counts: (i) absent from duties w.e.f., 18/9/2006 while he was engaged in escort duties of Additional SP and (ii) involvement in the aforesaid police case. The order of suspension was however revoked due to exigencies of service.

(3.) The petitioner had accordingly replied to the said show-cause notice. The said reply was however not found satisfactory and accordingly, DP No. 03/2007 was drawn up against him by appointment of an enquiry officer. The enquiry was accordingly held and the findings were forwarded to the petitioner vide second show-cause notice dtd. 17/10/2008. As regards the first allegation of being absent in duties since 18/9/2006 on which date, the petitioner was assigned escort duties with Additional SP, the explanation was that he was out of the Reserve to search for a customer for sale of a plot of land. As regards the second allegation, it was explained that he had met the prime accused in the police case who was introduced to him by another Constable, namely, ABC/459 Dambaru Chetia. The explanations were not found to be reasonable or acceptable and accordingly, the charges were held to be proved. The same was followed by the impugned order dtd. 23/2/2009 whereby the petitioner was imposed the penalty of stoppage of three nos. of increments with cumulative effect and the period of suspension was restricted to the subsistence allowance only.