UPEN CH BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Paul, the learned Advocate for the petitioner and Mr. N. Goswami, the learned Govt. Advocate appearing for all the State Respondents.

(2.) By this writ petition under Art. 226 of the Constitution of India, the petitioner has challenged (i) the disciplinary proceedings drawn up against him, (ii) the order dated 15.05.2013 passed by the Commandant- Cum- Disciplinary Authority, Recruits Training School, Assam, thereby dismissing the petitioner from service, and (iii) the appellate order dated 19.08.2013 passed by the Deputy Inspector General of Police (TAP/EB), Assam, thereby dismissing the departmental appeal filed by the petitioner.

(3.) In the writ petition, the case projected by the petitioner is that he had joined in Assam Police on 14.05.1975 as a Constable. While posted as Constable in the Office of the Commandant 2nd A.P. Battalion, Makum, vide order dated 31.12.1993, the petitioner was transferred to Assam, Dergaon (RTS for short) in the same rank in the existing vacancy. Accordingly, the Commandant, 2nd A.P. Battalion, Dergaon (respondent No.6) issued release order dated 06.01.1994 in respect of the petitioner. On 18.01.1994, the petitioner reported before the RTS to join his post in the place of transfer, but the RTS did not allow the petitioner to join in his transferred post by writing an endorsement in the body of the release order dated 06.01.1994 to the following effect