UPENDRA NATH SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borthakur, learned counsel appearing for the petitioner. Also heard Mr. J. K. Goswami, learned Additional Senior Government Advocate, Assam, appearing for the State respondents.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the order dtd. 24/5/2000, issued by the Superintendent of Police, Nagaon, whereby the petitioner was awarded the punishment of stoppage of 2 (two) increments with cumulative effect, and the order dtd. 20/9/2020, passed by the Deputy Inspector General of Police (CR) Diphu, Assam, whereby the appeal preferred against the order dtd. 24/5/2000 was rejected, thereby upholding the order passed by the disciplinary authority.

(3.) The brief facts of the case are that while the petitioner was posted at Dhing P.S. as Officer-in-Charge, by letter dtd. 27/11/1999, the Superintendent of Police, Nagaon, issued a show-cause notice along with the statement of allegation under Sec. 7 of the Police Act (Act-V), 1861, read with Rule 66 of the Assam Police Manual, Part-III, and Article 311 of the Constitution of India, for inter - alia allegedly not handing over 16 case diaries to his successor at the time of handing over the charge of Dhing P.S. Accordingly, the petitioner was charged with misconduct and gross negligence of duty. Thereafter, the petitioner submitted his written statement on 10/12/1999, wherein he denied the allegation and requested to exonerate him from the charges leveled. Thereafter, a disciplinary proceeding was held by the enquiry officer, and after completion of the same, the enquiry officer submitted its report. Thereafter, the disciplinary authority, i.e., the Superintendent of Police, Nagaon, Assam, after perusing the findings submitted by the enquiry officer, found him guilty of the irregularities charged and accordingly, by order dtd. 24/5/2000, awarded the penalty of stoppage of 2 (two) annual increments with cumulative effect. It is the specific case of the petitioner that the enquiry was held in his back, and he had no knowledge of the disciplinary proceedings, and that prior to his retirement on 31/1/2020 as Inspector of Police, Border Branch, Assam, upon receiving the letter dtd. 13/1/2020, issued by the respondent No.5 whereby the annual service increment of the petitioner was regularized with an endorsement in Clause 2 that pay raised from Rs.5080.00 to Rs.5200.00 w.e.f., 1/7/2002 instead of Rs.5375.00 as he was awarded the subject penalty in connection with Departmental Proceeding No.12/1999 vide D.O. No.1725 dtd. 24/5/2000, he for the first time learned that he was awarded the aforesaid punishment. Accordingly, the petitioner preferred an appeal before the DIG (CR), Diphu, being the appellate authority against the aforesaid order; however, the same was rejected by order dtd. 20/9/2020. Situated thus, the present writ petition has been filed.