MOHAR CH BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The extraordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is sought to be invoked by filing this petition whereby the petitioner had put to challenge an order dated 29.04.2014 passed by the Superintendent of Police, Goalpara, by which the petitioner who was a U.B. Constable was dismissed from service after a departmental proceeding. It is the further case of the petitioner that against the order of dismissal, he had unsuccessfully preferred a departmental appeal.

(2.) The brief facts of the case is as follows:

(3.) The petitioner was duly appointed as a U.B. Constable w.e.f. 16.08.1987 and posted in the Goalpara D.E.F. Till the impugned disciplinary proceeding there was no blemish in his long career. It is the case of the petitioner that while working under the Lakhipur Police Station, on 31.05.2011 he had to go to his native home in connection with his daughter's marriage proposal with the understanding that he will return the very next day. However, after reaching his home, the petitioner seriously fell ill and was diagnosed of jaundice and malaria, as a result of which, he could not report back to his duties. The treatment of the petitioner continued for a long and as per him the situation was telephonically informed to the concerned police station and the salary till 07.09.2012 was also paid by the authorities. Finally on 19.04.2013, the petitioner had resumed his duties after recovering from illness. The petitioner was issued a Show Cause Notice i.e. 07.12.2012 followed by another notice dated 28.03.2013 seeking his response for unauthorised absence. It appears that due to his illness, he could not respond to the Show Cause Notice initially. It further appears that in absence of the petitioner, a departmental enquiry was held. However during the course of the departmental proceeding, the petitioner had submitted a reply and accordingly an order dated 07.05.2013 was passed holding the reply to be not satisfactory and for continuation of the departmental proceeding. By the said order, an Enquiry Officer was also appointed.