BISWA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE review order dated 13.6.2008 passed by the Deputy Inspector General of Police (AP), Assam, Ulubari, Guwahati demoting the petitioner to the post of Constable from the post of Havildar and to recover cost of 640 rounds of 9 mm ball ammunition from the salary of the writ petitioner has been challenged by this writ petition preferred under Article 226 of the Constitution of India.

(2.) THE petitioner's case, in brief, is as follows:- THE petitioner at the relevant time was serving as Havildar in the 16th Assam Police (IR) Bn., Guwahati. Alleging certain misconduct the petitioner was removed from the service without holding any enquiry by invoking the jurisdiction conferred by Clause-3 of Article 311(2) of the Constitution.

(3.) SEEKING a review/recall of the said order dated 22.9.03 passed in WP(C) No. 5922/01, the respondent authority filed a Review Application which was registered and numbered as Review Petition No. 48/04. The said review petition was dismissed on 6.12.04. In the mean time the Enquiry Officer submitted the final enquiry report on 1.8.05 holding the petitioner guilty. The disciplinary authority, while accepting the report of the enquiry officer, passed an order imposing punishment of stoppage of one increment with cumulative effect and also recorded two black marks in the service record of the petitioner.