SAMSUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Baruah, learned counsel for the appellant as well as Mr. L. Gogoi, learned counsel appearing on behalf of Mr. R. Dhar, learned State Counsel representing the State respondents.

(2.) This writ appeal is directed against the judgment and order dated 05.09.2014 passed by the Single Judge in the writ petition, W.P. (C) No. 1901/2010. Before consideration of the issue involved in the instant writ appeal, it appears apposite to narrate the background facts, in brief, leading to the institution of the present appeal as, during the interregnum, the appellant-petitioner preferred another writ petition, W.P.(C) No. 7462/2017 and a review petition, Review Pet. 59/2018. For the sake of convenience, the writ appellant is referred to as the petitioner hereinafter.

(3.) The petitioner is a serving personnel in Assam Police who was appointed as a constable in March, 2001 and was posted at 10th Assam Police Battalion at Kahilipara. He was found unauthorisedly absent from duties w.e.f. 8.10.2005 and during such period of absence, he was found involved in a criminal case being Dispur Police Station Case No. 1192/2005 (G.R. Case No. 4036/2005) registered under Section 395, Indian Penal Code (IPC). On 07.12.2005, a departmental proceeding was initiated against the petitioner by serving him a show cause notice under Section 7 of the Police Act, 1861 read with Rule 66 of Assam Police Manual (Part-III) and Article 311 of the Constitution of India. Finding the reply submitted by the petitioner to the show cause notice unsatisfactory, an Enquiry Officer was appointed to conduct the departmental proceeding i.e. D.P. No. 06/2006. In connection with the investigation of Dispur Police Station Case No. 1192/2005, the petitioner and 5 (five) others, 4 (four) of whom were also Constables, were arrested. Later on, upon completion of investigation, a charge-sheet under Section 173, Code of Criminal Procedure, 1973 was submitted against the petitioner and 5 (five) other accused persons and the trial ensued. The trial in Sessions Case No. 322(K)/2005, arising out of Dispur Police Station Case No. 1192/2005, against the petitioner and other accused persons ended in acquittal by a judgment and order dated 25.07.2006. However, in the departmental proceeding, which proceeded independently at the same time, two charges were levelled against the petitioner, first, for his unauthorised absence from duty w.e.f. 08.10.2005 without any permission from the competent authority amounting to gross indiscipline conduct and second, for his involvement in a criminal case i.e. Dispur Police Station Case No. 1192/2005, committed during the period of his such unauthorised absence amounting to gross misconduct on his part being a member of the disciplined force. In the course of D.P. No. 06/2006, 7 (seven) witnesses were examined out of which 4 (four) were his co-accused in Dispur Police Station Case No. 1192/2005, in presence of the petitioner who was the delinquent therein. During the said departmental proceeding, the informant in Dispur Police Station Case No. 1192/2005 was also a witness.