KANAN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This intra-Court appeal is directed against the Judgment & Order dated 16.09.2013 passed in WP(C) 1936/2006. Late Anil Kalita was the original writ petitioner in the said WP(C) 1936/2006 and on his demise during the pendency of the case, his wife substituted herself in the proceeding. The writ petition having been dismissed, hence the present appeal by the wife.

(2.) Late Anil Kalita was employed as a Driver and he was proceeded against in D/P No. 5/2004 at a time when he was posted at No. 7 Platoon Camp at Bn. Headquarter, Howli. A notice was issued requiring Late Anil Kalita to show cause as to why penalty under Section 7 of the Police Act, 1861 read with Rule 66 of the Assam Police Manual Part-III and Article 311 of the Constitution of India should not be imposed upon him. Late Anil Kalita was charged with unauthorised absence from the Platoon with effect from 23.05.2004. No leave or permission was obtained from the competent authority. The three notices addressed to Late Anil Kalita dated 25.05.2004, 29.06.2004 and 10.08.2004, through the local In-charge concerned, were not acted upon. He neither reported at the Bn. Headquarter nor made correspondence and remained absent until 03.09.2004. Accordingly, he was charged with indiscipline, wilful negligence and dereliction of duty rendering him liable to punishment.

(3.) From the records it is revealed that Late Anil Kalita was placed under suspension by Order dated 29.08.2004 and that he had received the Show Cause Notice on 25.09.2004. For the purpose of conducting a disciplinary proceeding, an Enquiry Officer was appointed on 19.07.2005. Late Anil Kalita participated in the proceeding and was present when five witnesses had been examined on behalf of the prosecution. Records also reveal that Late Anil Kalita had declined to cross-examine the witnesses. During the proceedings the statement of Late Anil Kalita was recorded and in his defence he stated to the effect that he had remained absent from duty from 205.2004 as during that time he was under treatment as a patient suffering from Tuberculosis and that he had informed the authority about his indisposition through a letter. The Enquiry Officer in his Report concluded that charge against Late Anil Kalita stood proved that he was unauthorisedly absent from 205.2004 to 29.06.2004 (sic).