BIMAN ROY Vs. STATE OF ASSAM

JUDGEMENT

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

(2.) This writ petition has been filed by the petitioner, who at the relevant point in time was posted as the Officer-In-Charge of Ghograpar Police Station in the District of Nalbari from the month of May, 2023. While he was discharging his duties as the Officer-In-Charge of Ghograpar Police Station, on 21/6/2023 one girl along with a boy was brought to the police station by the Officials of Nalbari Police Station and on the next day, the said girl was sent to Child Welfare Committee, Nalbari as the girl claimed to be minor. On 26/6/2023, the said girl lodged an FIR before the Officer-In-Charge of Nalbari Police Station alleging sexual molestation by one S.I. of Ghograpar Police Station. After receipt of the FIR, Nalbari P.S. Case No. 287/2023 under Ss. 342/354(B)/509 of the Indian Penal Code read with Sec. 12 and 14(1) of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) and Sec. 66E of Information Technology Act was registered. According to the petitioner he was not aware regarding the said FIR being lodged as he was discharging his duty as Officer-In-Charge, Ghograpar Police Station. On 29/6/2023 at around 1:00 PM after discharging his duties the Addl. Superintendent of Police, Nalbari came to the Police Station. The petitioner as well as the other staff member of the Police Station were questioned in respect of the said girl and the boy, who were brought to the Ghograpar Police Station by the Police Officials of Nalbari Police Station on 21/6/2023. The mobile handsets of the police officials, who were on duty were taken by the said Addl. Superintendent of Police and she left at around 03.30 PM. Subsequently the petitioner came to be aware upon being informed by one Nirmal Biswas, Inspector of Police that he was appointed as an In-Charge O/C of the Ghograpar Police Station in place of the petitioner. The petitioner however, was never informed by the respondent authorities. While he was outside the Police Station in civilian clothes having tea at a restaurant at around 7:00 PM he came to be informed that he had been shown as an absconder by the respondent authorities and the said news was flashed in electronic media. According to the petitioner this news came as a shock as the petitioner was on duty at the police station till 5.30 PM. Thereafter, in connection with Nalbari P.S. Case No. 287/2023 the petitioner was arrested on 9/7/2023 and he was forwarded to the Special Judge, Nalbari whereafter he was kept in judicial custody. Subsequently, he was served with an order of suspension dtd. 29/6/2023 whereby the petitioner was placed under suspension pending a departmental enquiry on the allegations of serious misconduct. According to the petitioner the order of suspension dtd. 29/6/2023 was communicated to the petitioner by the Jailor of District Jail, Nalbari.

(3.) Thereafter, the investigating authority had filed charge sheet in Nalbari P.S. Case No. 287/2023 and which was registered as Sessions Special Case No. 203 of 2023. While the petitioner was in judicial custody, one of his relatives went to the Office of the Superintendent of Police, Nalbari, to enquire regarding the subsistence allowance required to be paid to the petitioner during his period of suspension. His relative was informed by the Office of the Superintendent of Police, Nalbari that the petitioner had already been dismissed from service vide order dtd. 30/6/2023 and a copy thereof was handed over to the said relative.