TARUN GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Khan, learned counsel for the petitioner. Also heard Mr. P Nayak, learned Additional Advocate General, Assam and Ms. M Bhattacharjee, learned Additional Senior Government Advocate appearing for the respondents.

(2.) The petitioner by way of instituting the present writ petition has assailed an order dtd. 14/10/2024, issued by the Superintendent of Police, Bongaigaon, Assam, towards imposing the penalty of dismissal from service upon the petitioner, by invoking the provisions of Clause-(b) of the Second Proviso to Article 311(2) of the Constitution of India, read with Rule 10(ii) of the Assam Services (Discipline and Appeal) Rules, 1964 (hereinafter, referred to as the Rules of 1964).

(3.) The petitioner, herein, was appointed as Armed Branch Constable, w.e.f. 23/2/2009 and was initially posted with the 16th A.P. (IR) Battalion Bormonipur, Morigaon. Thereafter, the petitioner was transferred to the 25th Assam Police (ONGC) Battalion, Ligiripukhuri, Nazira and subsequently, was transferred and posted to the District Police Establishment, Bongaigaon in the month of June, 2022. While serving in such capacity, the petitioner came to be arrested on 15/9/2024, in connection with Bongaigaon P.S. Case No. 318/2024 under Ss. 331 (3)/75(2)/127(2) BNS, 2023, read with S. 10 of the POCSO Act.