WP(C) 3055/2011. Gauhati High Court
| Case Number | WP(C) 3055/2011 |
| Judgement Date | June 01, 2020 |
| Court | Gauhati High Court |
THE GAUHATI HIGH COURT AT GUWAHATI
(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) PRINCIPAL SEAT AT GUWAHATI
WP( C) No. 3055/ 2011
Shri Rajib Dewri,
S/ O Late Saruful Dewri,
Resident of Village-Na-Dalaibori, PO- Chabukdhara,
District-Morigaon, Assam.
-Versus-
-
The State of Assam,
Represented by the Commissioner & Secretary to the Govt. of Assam, Department of Home,
Dispur, Guwahati-6.
-
The Deputy I nspector General of Police (Central Range), Assam, Diphu, PO-Diphu.
-
The Superintendent of Police,
Morigaon, PO & Dist.-Morigaon, Assam.
BEFORE
THE HON’BLE MR. JUSTI CE HRI SHI KESH ROY
For the Petitioner: Dr. B. Ahmed,
Mr. N. Haque,
Mr. A. Choudhury,
Mr. S.K. Deori,
Mr. N.J. Das. ……Advocates.
For the Respondents: Mr. S.R. Baruah,
GA, Assam. ……Advocate.
Date of Hearing & Judgment : 1 st Ju ne, 20 17
WP(C) 3055/2011 Page 1 of 4
……Petitioner .
……Respondents.
JUDGMENT AND ORDER ( ORAL)
Heard Mr. N. Haque, the learned counsel for the petitioner. The respondents are represented by Mr. S.R. Baruah, the learned Govt. advocate.
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The petitioner is a former armed branch constable of the Morigaon DEF. I n pursuant to the Disciplinary Proceeding (DP), the punishment of removal from service was ordered against him on 03.08.2010 (Annexure-G) by the S.P., Morigaon. The resultant appeal filed by the delinquent constable was dismissed by the Appellate Authority on 19.04.2011 (Annexure-J). The challenge here is to both the order of the Disciplinary Authority and also of the Appellate Authority.
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The Disciplinary Proceeding was drawn up against the constable, under Section 7 of the Police Act, 1861 read with Rule 66 of the Assam Police Manual,
with the show-cause notice/ charge memo dated 23.11.2009, issued by the S.P., Morigaon. For ready reference, the relevant portion of the show-cause notice is extracted herein below:-
“………………
The O.C. Morigaon P.S. has submitted a report against you that on 29/09/09 at PM an written FIR has received from one Smti Niyati Medhi of Vill:-Kathguri P.S.:-Morigaon stating that her daughter, namely Miss Dipti Medhi age about 13 years was kept in your Govt. Quarter at Police Colony as maid servant since 3(three) months ago. On 23/24/25 Sept/09, you forcibly raped the said girl without her consent for which she had undergone medical treatment at Morigaon Civil Hospital. In this connection a case has been registered against you vide Morigaon P.S. Case No.169/09 U/S 376 IPC.
On enquiry, it is found that the...
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