TASHI CHOPEL BHUTIA Vs. THE STATE OF SIKKIM

JUDGEMENT

(1.) Aggrieved by the impugned Memoranda bearing No. 849/SP/E dated 10-09-2013 and No.1045/SP/E dated 08-11-2013 and impugned Office Orders (hereinafter "O.O.") No.1175/SP/EAST dated 16-12-2013 and No.155/POL/RANGE/2014/235, dated 26-05- 2014 and Findings of the Respondent No.5 in her Enquiry Report dated NIL, the Petitioner by filing the instant Writ Petition, prays for quashing of all of the above and for issuance of writ/order or direction to quash all subsequent amendments to the Sikkim Police Force (Discipline and Appeal) Rules, 1989 (for short "the Rules"), to initiate a Judicial Enquiry against the Respondents No.4 and 6, and other reliefs.

(2.) The Petitioner was selected and appointed on merit to the post of Sub-Inspector in the Sikkim Police, vide O.O. dated 06-07- 2004 issued by the Respondent No.1 and posted in various Police Stations in Sikkim. During such postings on account of his commendable work, he was rewarded with Cash and Appreciation Letters. While the Petitioner was posted at Namchi, South Sikkim, the Respondent No.4 was posted as the Superintendent of Police (SP), South District, Shri Mordent Thapa as the SDPO South, Respondent No.6 as Station House Officer, Jorethang Police Station, South Sikkim. Due to acrimony with the Respondent No.4 during the course of official works, the Petitioner sought for and was granted a transfer to Gangtok, East Sikkim, shortly thereafter Respondent No.4 was also transferred and posted as S.P. East, Mordent Thapa was transferred and posted as SDPO, East and the Respondent No.6 as the SHO, Sadar Police Station, the Respondent No.5 was the SDPO, Rangpo. Thus, the Respondents No.5, 6 and SDPO Mordent Thapa were working directly under the Respondent No.4 in the East District at the relevant time. The case of the Petitioner arises on account of Memoranda bearing Memo No.849/SP/E dated 10-09-2013 (Annexure P7) and Ref. No.1045/SP/E dated 08-11-2013 (Annexure P28) served against him by Respondent No.4, the First Memo based on a Complaint of one Shunu Thendup Bhutia, and the second on two e-mails received from one Indra Kumar Yonzon. Vide Memo No.846/SP/E dated 10-09-2013 (Annexure R1) the Petitioner was placed under suspension with immediate effect until further orders. The Articles of Charge mentioned in both the Memoranda respectively are reproduced hereinbelow; Memo No.849/SP/E dated 10-09-2013

(3.) On 10-09-2013, besides issuing the Memo No.849/SP/E, the Respondent No.4 also appointed Respondent No.5 as the Inquiring Authority (E.O.) vide O.O. No.982/SP/E, dated 10-09-2013 and Tshering Yangzom Bhutia, Court Inspector East as the Presenting Officer (P.O.), to present the case of the Disciplinary Authority. On 16-09-2013, the Respondent No.4, again vide O.O. bearing Memo No.869/SP/E (Annexure P9), with the prior approval of the IGP/L&O, constituted a three Member Committee comprising of (i) ASP/East Shri Dhiren Lama (ii) Dy.SP/Traffic Smt. Ongmu Bhutia (iii) SDPO/Gangtok Shri Mordent Thapa, for conducting a discreet Enquiry on the aforementioned Complaint of Shunu Thendup Bhutia with a direction to report back to him on or before 19-09-2013. All Members of the Committee were allegedly working directly under the Respondent No.4 at the relevant time, who for his part is said to be prejudiced against the Petitioner.