DHARANIDHAR BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel for the appellant/writ petitioner as well as Mr. RKD Choudhury, learned Additional Senior Government Advocate, Assam for all the respondents.

(2.) This intra-Court appeal is presented against the order dated 7.2.2017 dismissing WP (C) 1985/2010 instituted by the appellant herein. Before proceeding with the case it is observed that the present appeal was admitted for decision only on the question of proportionality of punishment imposed on the appellant/writ petitioner.

(3.) Facts involved are that the appellant at the relevant time was serving as a Constable, Traffic Branch at Goalpara Police Station. For the period from 13.04.2001 to 07.08.2002, covering 482 days, he remained unauthorizedly absent from duty. In this regard communications were made to him vide letters dated 17.04.2001, 16.07.2001, 05.11.2001 and 25.02.2002 through local police station, however, without yielding any positive response. Eventually, he was charged for indisciplined conduct, gross negligence and remissness of duty. Accordingly, Show Cause Notice was issued on 23.08.2002 for his explanation which, however, was not responded to. This was followed by Notices dated 7.1.2004, 14.06.2004 and 2.6.2004, which again did not evoke any response from the appellant side. Consequently, an ex parte enquiry was initiated vide order dated 6.7.04 by appointing an Enquiry Officer to conduct the enquiry and to submit the report. During the course of the enquiry, effort was again made to afford opportunity of hearing to the appellant and the same was done by issuance of notice through the Officer-in-Charge of Nalbari Police Station as well as by W/T Message through the In-Charge of Kamarkuchi Out Post. The appellant did not respond to any. On the basis of evidence brought on record as well as on the basis of the statements tendered by 5(five) prosecution witnesses (PWs), the Enquiry Officer submitted Report to the Superintendent of Police, Goalpara by recording that the charges stood proved in respect of his absence from duty from 13.04.2001 to 07.08.2002 from Goalpara Police Station (Traffic Branch) without leave/permission. Thereafter, vide notice dated 3.5.2005 of the Superintendent of Police, Goalpara, copy of the Enquiry Report was submitted to the appellant for his written representation on the major punishment proposed to be inflicted as per the Assam Police Manual, Part-III. The appellant submitted his representation and on consideration thereof, the Superintendent of Police, Goalpara issued order dated 31.5.05, affirming the charges of indisciplined conduct, gross negligence and remissness of duty and imposed the penalty of discharge from service with immediate effect.