APURBA BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. H. Rajborbhuya learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Govt. Advocate appearing for the State respondent.

(2.) The petitioner is aggrieved by the order dated 30.12.2011 passed by the Inspector General of Police, Assam whereby the order dated 31.12.2011 passed by the disciplinary authority in the departmental proceeding No. 9/2001 drawn up against the present petitioner by way of which the petitioner was dismissed from service on 31.12.2003. The petitioner is Armed Branch Constable and while serving at Dhemaji , driving a scooter he knocked down a child following which a compromise was entered between the parents of the victim minor boy who suffered injury and the petitioner who promised to pay a sum of Rs. 20,000/- to the parents of the victim boy. However as he failed to pay the amount so promised, a criminal complaint case was filed by the father of the victim boy which was numbered as CR Case No. 126/2000 in the court of First Class Judicial Magistrate, Jonai, Dhemaji. In the said complaint case the petitioner was convicted u/s 279/338 IPC and sentenced him with fine of Rs. 500/- in default to suffer simple imprisonment for two months. While the said criminal proceeding was pending due to non appearance of the present petitioner warrant of arrest was issued following which he was produced before the court of Judicial Magistrate. After the said conviction disciplinary proceeding No. 9/2001 was drawn up against the preset petitioner. The said disciplinary proceeding was drawn up on the following charge:

(3.) The enquiry officer submitted his report holding that the charge of gross negligence and indiscipline conduct is proved against the petitioner. The S.P, Dhemaji being the disciplinary authority vide order dated 30.12.2011 dismissed the petitioner by holding as follows: