WA 136/2017. Gauhati High Court

Case Number:WA 136/2017
Judgement Date:May 15, 2019
Court:Gauhati High Court
SUMMARY

Writ Appeals under the Gauhati High Court Rules

 
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WA 136/ 2017

B E F O R E

HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE MANOJI T BHUYAN

15.05.2017

(Manojit Bhuyan,J)

Heard Mr. D.P. Chaliha, learned senior counsel for the appellant, assisted by Ms. K. Devi, Advocate as well as Ms. R.B. Bora, learned counsel representing respondent nos. 1 to 4.

  1. This is an intra-Court appeal directed against the Order dated

    04.11.2015 passed in WP(C) 4961/ 2008.

  2. Facts to be noticed is that the appellant/ writ petitioner while employed as Constable in Jorhat DEF was subjected to two departmental proceedings. First, on account of unauthorised absence of 343 days and the second, on account of his mis-conduct for being involved in a robbery case. Both the departmental proceedings were numbered as D.P. No. 5/ 1994 and D.P. No. 6/ 1994 respectively. Consequent upon the findings in the departmental enquiry, two separate orders of like date i.e. 20.12.1996 were issued by the disciplinary authority dismissing the appellant from service. The same were eventually put to challenge in WP(C) No. 1642/ 2000, which stood disposed of on 07.08.2003 directing the appellant to make a representation before the respondent authority, who in turn was directed to complete the exercise within three months by passing a speaking order. Representation having been submitted in September, 2003, the same was disposed of on 21.05.2004 by the disciplinary authority upholding the findings in D.P. No. 5/ 1994 but with the modification of granting leave without pay for the period from

    05.05.1994 to 16.08.1994. The appeal filed before the Deputy I nspector General of Police (Eastern Range), Jorhat was rejected vide Order dated 17.03.2005. A subsequent event had taken place where the criminal proceeding initiated against the appellant in connection with his alleged involvement in the case of robbery ended with his acquittal. This led the appellant to prefer an appeal before the Director General of Police, Assam with prayer for reinstatement in service. However, the said appeal was rejected by Order dated 21.06.2008.

  3. As against the aforesaid Orders dated 21.05.2004, 17.03.2005 and 21.06.2008, the appellant as the writ petitioner preferred the related WP(C) 4961/ 2008 which, however, was dismissed by the order under appeal dated 04.11.2015.

  4. The materials on record goes to show that although the appellant attributed his unauthorised absence to Tuberculosis, however the certificate so produced did not cover the entire...

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