SIRAJUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. H. Rahman, learned counsel appearing for the petitioner. Also heard Mr. H. K. Barman, learned Government advocate who represents the respondents.

(2.) THE petitioner who was working as a Havildar (A) in the 7th Assam Police Bn. , is before this court to challenge the order dated 30. 10. 06 (Annexure-IX), whereby he has been dismissed from service in pursuant to a disciplinary proceeding and inquiry conducted against him. The petitioner was earlier placed under suspension by order dated 28. 08. 2005 for gross misconduct.

(3.) PAR contra, Mr. H. K. Barman, learned Government advocate submits that soon after the pettioner was placed under suspension on 28. 08. 2005, the petitioner became unavailable and untraceable w. e. f. 30. 10. 2005. During this period, the petitioner avoided receiving communications from the disciplinary authorities, and there after remained absent from the disciplinary proceedings by citing one reason or another, the proceeding had to be conducted ex parte. Therefore since the petitioner was the defaulting party, he cannot claim denial of fair opportunity in the disciplinary proceedings.