SHRIMANTA BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.K. Das, the learned counsel appearing for the petitioner. The respondents are represented by Mr. D. Nath, the learned Addl. Senior Govt. Advocate, Assam.

(2.) The petitioner while serving as a Constable of the 7th Assam Police Battalion (in short, 'the 7th AP Bn.') , was subjected to the disciplinary proceeding (D.P. No.25/2000) and initially he was removed from service on 20.6.2001. The belated Appeal filed on 8.11.2003 was rejected as time barred but the Appellate Authority's decision was challenged in the WP (C) No.8161/2004. The High Court in its order dated 7.5.2008, had directed consideration of the Appeal on merit and consequently, the impugned speaking order was passed on 15.9.2008 (Annexure-B) . The Appellate Authority considered the nature of the misconduct and also the explanation of the delinquent and opined that the punishment of removal be substituted with the punishment of stoppage of three annual increments with cumulative effect. Thus the delinquent was reinstated on 4.10.2008 (Annexure-C) , with the declaration that he shall not get any financial benefits for the period 20.6.2001—4.10.2008, but the absence period will be counted as on duty, for the purpose of pension.

(3.) The D.P. No.25/2000 was initiated with the show cause notice dated 19.2000, with the following statement of allegation, which is quoted here-in-below for ready reference: