ARJU RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.B. Rahman, the learned counsel for the writ petitioner as well as Ms. D.D. Barman, the learned Additional Senior Government Advocate, Assam, for all the State respondents.

(2.) By this writ petition, the petitioner has challenged the order dated 03.12015 (Annexure-I) issued by the respondent No.4 dismissing him from service with immediate effect. The petitioner who was appointed as an Armed Branch Constable on 17.03.1994 was given a show-cause notice on 18.10.2014 (Annexure-D) to the effect that while the petitioner was posted at Hamren Police Reserve on 13.07.2014 committed rape upon one Smt. Roma Banik. The petitioner threatened the victim of dire consequence, if she divulged about the incident to anybody. As a result of the FIR filed subsequently on 13.09.2014, P.S. Case No.30 of 2014 under Sections 376/506 IPC was registered against him on 15.09.2014. Under such circumstances, the petitioner being a member of a disciplined force was found to be guilty of gross misconduct and indiscipline. It may also be noted herein that the petitioner prior to being given the show-cause notice was placed under suspension vide order dated 24.09.2014.

(3.) He was, therefore, asked to show-cause under Section 65 of the Assam Police Act, 2007 read with Rule 66 of the Assam Police Manual Part. III and also Article 311 of the Constitution of India. Besides this, Rule 7 of the Assam Police Service (Discipline and Appeal) Rules 1964 was also sought to be invoked requiring the petitioner to show-cause as to why the penalty prescribed under the mentioned provision should not be inflicted upon him. In order to submit an explanation to the Charges, 10 days time was given to the petitioner.