DIPEN CHANDRA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BOTH these cases raise same question of law and facts and accordingly they are taken up for decision together. By Annexure-'A' the petitioners were removed from service in exercise of power under Article 311 (2) (b) of the Constitution of India. The order is quoted below: "Office of the Commandant 11th Assam Police Battalion: Dergaon. ORDER Whereas Constable No. 767 Dipen Deka of 11th Assam Police Battalion, Dergaon was posted in Laharijan Border Out Post and was serving there with effect from 7.8.93 to 14.8.93. AND Whereas Constable No. 767 Dipen Deka was Officially issued one H.K. 36 Hand Granade along with detenator for his official duties: AND Whereas it was incumbent on the part of Constable Dipen Deka to keep his alloted one H.K. 36 Hand Granade along with detenator secure by all means and was legally bound to prevent the loss of the same" AND Whereas the alloted one H. K. 36 Hand Granade along with detenator were lost from the possession of Constable 1\67 Dipen Deka during the late hours of 12.8.93 and early hours of 13.8.93 as pen his own admission; AND Whereas it is reasonably not practicable to hold enquiry on the same for the reason that it is not possible to find any impartial witness to testify against the conduct of the said Constable and the circumstances of the actual loss of the ammunitions can not be ascertained due to unavailability of impartial witness of the dead hours of night; Whereas such gross negligence to secure ammunition amounting to a serious threat to the security of the state renders Constable Dipen Deka totally unfit to serve in a disciplined force like Assam Police Battalion. Therefore, I, Shri. Bhaskar J. Mahanta, I.P.S. Commandant, 11th Assam Police Battalion, Dergaon, District Golaghat being satisfied in term of Article 311 (2) (b) of the Constitution of India hereby dismiss Constable No. 767 Dipen Deka of 11th Assam Police Battalion, Dergaon from service with immediate effect Sd/- Illegible Commandant 11th A.P. Battalion, Dergaon. The order with regard to Shri Sonti Hira (Civil Rule No. 3127 of 1993) is same with Mr Dipen Chandra Deks (Civil Rule No. 3126 of 1993) save and except the name. It is this order which has been challenged in these two writ applications. No affidavit in opposition nor any record have been produced. These matters are covered by judgement dated 10.1.95 passed by this Court inCivil Rule No. 2879/94 (Guneswar Gogoi-Vs-State of Assam) were decided in this Court, relying on AIR 1991 SC 385 (Jaswant Singh Vs. State of Punjab and Ore.) (Supra).