ABDUR REJJAK MONDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.P. Sharma, learned counsel for the petitioner. Also heard Mr.T.C. Chutia, learned Addl. Government Advocate for the State respondents.

(2.) This petition has been filed by the petitioner praying for setting aside and quashing the departmental proceeding being DP 06/2019 and order dt. 4/7/2022, whereby the petitioner has been dismissed from service with immediate effect, as per the Rule 7(VII) of the Assam Services (Discipline and Appeal) Rules, 1964 and also the order dt. 7/10/2022 passed by the respondent No.3 dismissing the appeal of the petitioner.

(3.) The petitioner was serving as an Unarmed Branch Constable under the Assam Police and was posted in the Bidyapur Out Post under the Bongaigaon Police Station. While he was serving as a Constable an FIR was lodged by the informant namely Sahida Khatun on 31/7/2019 with the Officer-in-Charge of the Bongaigaon Police Station stating that the petitioner had committed rape on her sister-in-law aged about 11 years old on 27/7/2019. In the FIR, it was alleged that the petitioner had called the sister-in-law of the informant in his house on the pretext of cleaning utensils and when she reached the house of the petitioner she was forcibly raped. An FIR was registered as Bongaigaon P.S. Case No. 550 of 2019 under Sec. 4 of the POCSO Act, 2012. The petitioner was arrested on 1/8/2019 and thereafter, he was placed under suspension pending drawal of the Departmental Proceedings. The petitioner was subsequently enlarged on bail. Thereafter, the Departmental Authority issued a show cause notice dtd. 13/11/2019, charging the petitioner with gross immoral conduct of indisciplined act and dereliction of duty. Subsequently, the petitioner submitted his reply to the show cause notice. Being dissatisfied with reply furnished by the petitioner, the Departmental Authority appointed an Inquiry Officer to proceed with the Depart-mental Enquiry to enquire into the allegations levelled against the petitioner by the show cause notice and as to whether imposition of punishment under Rule 7 is required. The Inquiry Officer completed the enquiry and concluded that the allegations against the petitioner have been proved and the enquiry report was submitted to the Disciplinary Authority. The Disciplinary Authority upon receipt of the enquiry report issued a second show cause notice dtd. 11/6/2022 on the petitioner. The petitioner was called upon to submit his reply, if any, within 15 days from the date of receipt of the communication. The petitioner filed another reply dtd. 25/6/2022 urging the Disciplinary Authority not to impose punishment as contemplated. Thereafter, by order dtd. 4/7/2022, the impugned order of termination was issued. The petitioner was dismissed from service with immediate effect as per Rule 7(VII) of the Assam Services (Discipline and Appeal) Rules, 1964 for his gross immoral conduct of indisciplined act and dereliction of duty. An appeal under Rule 66(V) of the Assam Police Manual was filed before the Appellate Authority, namely the Deputy Inspector General of Police, Assam. This appeal also came to be rejected by the Appellate Authority vide order dt. 7/10/2022, whereby the order passed by the Disciplinary Authority was upheld. Being aggrieved, the present writ petition has been filed.