WP(C) 6084/2016. Gauhati High Court

Case Number:WP(C) 6084/2016
Judgement Date:May 15, 2019
Court:Gauhati High Court
SUMMARY

Major punishment with respect to State Govt Employees

 
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THE GAUHATI HIGH COURT AT GUWAHATI

(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) PRINCIPAL SEAT AT GUWAHATI

WP( C) No. 6084/ 2016

Arju Rahman

Son of Md. Azizur,

Resident of Village-Nazira, Bartol Holal Katanigaon,

P.O & P.S. – Nazira,

Dist.- Sivasagar, Assam

-Versus-

1) The State of Assam

represented by the Commissioner & Secretary to the Government of Assam, Home Department, Dispur, Guwahati-6

2) The Director General of Police, Ulubari, Guwahati-781007

3) The Deputy I nspector General of Police (CR), Assam, Diphu-782462

4) The Superintendent of Police Hamren, Karbi Anglong, Assam.

BEFORE

THE HON’BLE MR. JUSTI CE NELSON SAI LO

WP(C) No.6084/2016 Page 1 of 8

…… Petitioner.

..… Respondents.

For the Petitioner : Mr. S.B. Rahman,

Advocate.

For the respondents : Ms. D.D. Barman,

Addl. Senior Govt. Advocate.

Date of Hearing & Judgment : 15th May, 2017

JUDGMENT AND ORDER( ORAL)

Heard Mr. S.B. Rahman, the learned counsel for the writ petitioner as well as Ms. D.D. Barman, the learned Additional Senior Government Advocate, Assam, for all the State respondents.

  1. By this writ petition, the petitioner has challenged the order dated

    03.12.2015 (Annexure-I ) issued by the respondent No.4 dismissing him from service with immediate effect. The petitioner who was appointed as an Armed Branch Constable on 17.03.1994 was given a show-cause notice on 18.10.2014 (Annexure-D) to the effect that while the petitioner was posted at Hamren Police Reserve on 13.07.2014 committed rape upon one Smt. Roma Banik. The petitioner threatened the victim of dire consequence, if she divulged about the incident to anybody. As a result of the FI R filed subsequently on 13.09.2014, P.S. Case No.30 of 2014 under Sections 376/ 506 I PC was registered against him on 15.09.2014. Under such circumstances, the petitioner being a member of a disciplined force was found to be guilty of gross misconduct and indiscipline. I t may also be noted herein that the petitioner prior to being given the show-cause notice was placed under suspension vide order dated 24.09.2014.

  2. He was, therefore, asked to show-cause under Section 65 of the Assam Police Act, 2007 read with Rule 66 of the Assam Police Manual Part.I I I and also Article 311 of the Constitution of I ndia. Besides this, Rule

    WP(C) No.6084/2016 Page 2 of 8

    7 of the Assam Police Service (Discipline and Appeal) Rules 1964 was also sought to be invoked requiring the petitioner to show-cause as to why the penalty prescribed under the mentioned provision should not be inflicted upon him. I n order to submit an explanation to the Charges, 10 days time was given to the petitioner.

  3. The petitioner by denying all the allegation and charges made against him in his reply dated 06.11.2014 (Annexure-E), pointed out the fact that there were discrepancies in the date of the occurrence of the alleged offence between the one that was given in the FI R and with the statement of the victim girl before the Magistrate concerned besides there being a delay in lodging the FI R. According to the petitioner, similar...

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