BHRIGU KHATANIAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R. Devi, learned counsel assisted by Mr. A. R. Tahbildar, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Add. Sr.Govt. Advocate appearing for the State respondents.

(2.) In this petition, the petitioner, who was earlier serving as a Constable in the 7 th Assam Police Battalion, Charaikhola, was dismissed from service vide order dated 10.05.2012, has approached this Court for setting aside the said dismissal order on the ground that the criminal case relating to which the Disciplinary Authority had initiated the discipline proceedings which led to his dismissal, has come to a close by honourably acquitting him for lack of evidence.

(3.) The Court of Sessions Judge, Kokrajhar, in the Sessions Case No. 98/2012, where the petitioner was proceeded against for having contracted sexual relationship with another woman Constable and also having caused abortion without her consent. He was tried for having physical relationship thus, committing offence under Section 417 IPC and also causing abortion without her consent, thereby committing offence under Section 313 IPC. But these charges were held not to be proved. Accordingly, the petitioner was acquitted and was set at liberty vide order dated 18.08.2015 passed by the learned Sessions Judge, Kokrajhar.