KHARGA BAHADUR PRADHAN Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Mr. N. Rai, learned Senior Counsel assisted by Ms. Malati Sharma and Ms. Sudha Sewa, for the petitioner. Also heard Dr. Doma T. Bhutia, learned Additional Advocate General assisted by Mr. Thupden Youngda, Government Advocate, for the respondents.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner has called into question the order of suspension dated 11.08.2009 passed by the Superintendent of Police, West District, Gyalshing and the order dated 19.11.2011 passed by the Senior Superintendent of Police, West District, Gyalshing, dismissing the petitioner from service with effect from 19.11.2011, with a further prayer to allow him to join in his duty without break in his service with all admissible pay and allowances.

(3.) The facts, as pleaded in the writ petition, are that the petitioner, while working as policeman (materials on record do not indicate what post the petitioner was holding) and posted at Kaluk police station, was suspended in terms of Rule 10(2)(a) of Sikkim Police Force (Discipline and Appeal) Rules, 1989, as amended (for short, the Rules), as he was detained in custody from 08.08.2009 for a period exceeding 48 hours in connection with a criminal case, being Criminal Case No. 09 (08) 09 under Sections 302/201 of the Indian Penal Code, 1860 (for short, IPC). While he was facing trial, a notice dated 12.08.2011 was served upon him on 14.08.2011, informing him that he could submit his reply to the said notice within 20.08.2011. Though no departmental enquiry was conducted as per the said notice dated 12.08.2011, the petitioner was served with an order dated 19.11.2011 terminating his service.