DEBANANDA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Sahad, learned Senior counsel for the petitioner assisted by Dr. B. Ahmed, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Government Advocate as well as Mr. M.K. Misra, learned Government Advocate for the State of Assam.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 28.11.2008 passed by the Deputy Inspector General of Police (MPC) Assam, thereby awarding the punishment of removal from service to the petitioner who was working as Stenographer Grade-III in the Office of the Superintendent of Police, Lakhimpur, North Lakhimpur. The case of the petitioner in brief is that while the petitioner was discharging his duties on 23.12.2003, one Dilip Gogoi, had lodged an Ejahar in North Lakhimpur Police Station to the effect that the petitioner had taken a sum of Rs.35,000/- in 2(two) installments by giving him assurance of appointment as AB constable in Assam Police Battalion. Accordingly, North Lakhimpur P.S. Case No.981/2003 under section 406/ 420 IPC was registered. On 28.12.2003, one Naba Kumar Phukan, lodged another Ejahar to the effect that the petitioner had taken a loan of Rs. 3,37,000/- with assurance of returning money within 7 days time and gave him a cheque which could not be collected because there is no money in the SBI account of the petitioner. Accordingly, North Lakhimpur P.S. Case No.989/2003 under section 406/ 420 IPC was registered.

(3.) In connection with the said case, the petitioner was arrested and produced before the Court. Accordingly, the petitioner was placed under suspension. Thereafter, the petitioner was served with a 1st show-cause notice on the basis of the said 2 Ejahars, it was further mentioned therein that during the investigation, the Inquiry Officer had collected the materials that the petitioner had collected money from some other individuals by assuring them to give government jobs in police department and he had also issued some fake words to the Contractor for the supply of materials like cement, iron rods, CI sheet, electric ceiling fans etc, in the name of Superintendent of Police, Lakhimpur, North Lakhimpur which was procured for own personal use by the petitioner. It was further alleged that the petitioner had forged the signature of Superintendent of Police, Lakhimpur and Additional Inspector General (A), Assam and by using those signatures, the petitioner had passed some orders of cheating individuals. Accordingly, the petitioner had been charged with gross mis-conduct and dereliction of duty rendering him unfit to be retained in service. The said show-cause notice was accompanied by a statement of allegation, list of documents and list of witnesses. The petitioner had submitted his reply to the 1st show-cause notice on 21.06.2004. Thereafter, the authorities being dissatisfied with the reply, initiated departmental proceeding against the petitioner by virtue of order dated 01.07.2004 by appointing an Inquiry Officer to conduct departmental proceeding against the petitioner. By another departmental order, the Inquiry Officer was changed because of transfer of the earlier Inquiry Officer. In course of the departmental proceeding, 7 departmental witnesses were examined and the statement of the petitioner was also examined as a delinquent. The Inquiry Officer submitted his inquiry report dated 19.07.2008 within which it was held that the charge of mis-conduct as well as the dereliction of duty brought against the petitioner is well established beyond all his reasonable doubts. The petitioner was served with the Inquiry report by letter dated 02.09.2008 granting him 7 days time to make a representation and to give an intimation whether he would like to be heard in person before the final order is passed by the Disciplinary authority.