PRADIP KALITA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. A.K. Phukan, learned counsel for the petitioner and the learned Govt. Advocate for the respondent State.

(2.) The petitioner was appointed Sub-Inspector of Police in the State of Arunachal Pradesh, in the year 1986. He was transferred in the year 1991 to Naharlagun Police Station. At the material time, the petitioner was posted at Naharlagun Police Station when he was served with a charge- sheet dated 20th July, 1992, filed as Annexure-I. As contained in the Article, charge was that on 9.12.91 while posted at Police Station Naharlagun, he along with others stopped a truck, bearing registration No. ARC-949 of APCM & SF Ltd. under the pretext of shortage of 20 bags of 'Ata' in the said truck and demanded Rs. 600/- from the driver of the truck and ultimately extracted Rs. 300/- by putting the driver under fear and only thereafter allowed the truck to proceed towards Naharlagun. This amounted to misconduct of official powers. An enquiry was held, the Inquiry Officer submitted its report, Annexure-IIIA and finally on 24th November, 1993, withholding of two increments for a period of 2 years was imposed vide Annexure-IV. The petitioner also preferred an appeal which met with dismissal vide Annexure-V, the punishment imposed was confirmed. Thereafter the petitioner filed a revision petition, which was also dismissed vide Annexure-6. Now the petitioner has approached this Court with the petition under Article 226 of the Constitution praying for quashing the punishment.

(3.) Learned counsel appearing for the petitioner, has raised but one ground. Referring to Ramzan Khan's case it was strenuously urged that the punishment as imposed by the respondents be quashed.