RAMIZUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 26.6.2002 passed in W.P. (C) No. 1511 of 1999 dismissing the challenge made by the appellant/writ petitioner to the order of his dismissal from service following a disciplinary proceeding has been assailed in this writ appeal.

(2.) We have heard Mr. A. S. Choudhury, learned senior counsel assisted by Mr. I. Hussain, learned counsel for the appellant and Mr. P. K. Musahary. learned senior Government Advocate, Assam for the respondents.

(3.) Shortly put, the facts essential for disposal of the appeal are that the appellant, who at the relevant time was serving as Lains Naik in the Assam Police Force and attached to the Howraghat Police Station, was charged to have committed rape on Smti. Rani Munda @ Lengeri Munda on 30.8.1996 while on duty. In the related departmental proceeding initiated on the said charge, the appellant participated and eventually, the enquiry officer submitted its report on 8.9.1998. The proceeding was conducted in terms of the provision of the Assam Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as 'Rules'). The enquiry officer returned a finding that the charge levelled against the appellant was proved and, therefore, by the impugned order dated 26.10.1998 passed by the Superintendent of Police, Assam the appellant was dismissed from service.