WA 26/2014. Gauhati High Court

Case NumberWA 26/2014
Judgement DateMarch 02, 2021
CourtGauhati High Court

IN THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM; NAGALAND; MIZORAM & ARUNACHAL PRADESH)

WRIT APPEAL 26/2014

Smt. Kanan Kalita

W/o. Late Anil Kalita

S/o. Lt. Ramesh Kalita

R/o. Vill.-Kalbari, (Abhaypuri)

P.O. Lalmati, P.S. Abhaypuri, Dist. Bongaigaon, Assam.

------ Appellant

-vs- 1. State of Assam & Others

Rep. by the Commissioner & Secy. to the Govt. of Assam, Home Department, Dispur, Guwahati-781 006.

  1. Director General of Police,

    Assam, Ulubari,

    Guwahati-781 007.

  2. Inspector General of Police,

    Assam, Ulubari, Guwahati-7.

  3. The Commandant, 4th Assam,

    Police Task Force Battalion, Howly, Dist. Barpeta, Assam.

    ------- Respondents

    :: BEFORE ::

    HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

    Advocate for Appellant : Mr. R.M. Choudhury,

    Advocate.

    Advocate for the Respondents: Mr. B.N. Sharma,

    Govt. Advocate, Assam.

    Date of Hearing & Judgment : 02.03.2017.

    Page 1 of 8

    JUDGMENT & ORDER (ORAL)

    (M anojit Bhuyan, J)

  4. This intra-Court appeal is directed against the Judgment & Order dated 16.09.2013 passed in WP(C) 1936/2006. Late Anil Kalita was the original writ petitioner in the said WP(C) 1936/2006 and on his demise during the pendency of the case, his wife substituted herself in the proceeding. The writ petition having been dismissed, hence the present appeal by the wife.

  5. Late Anil Kalita was employed as a Driver and he was proceeded against in D/P No. 5/2004 at a time when he was posted at No. 7 Platoon Camp at Bn. Headquarter, Howli. A notice was issued requiring Late Anil Kalita to show cause as to why penalty under Section 7 of the Police Act, 1861 read with Rule 66 of the Assam Police Manual Part-III and Article 311 of the Constitution of India should not be imposed upon him. Late Anil Kalita was charged with unauthorised absence from the Platoon with effect from 23.05.2004. No leave or permission was obtained from the competent authority. The three notices addressed to Late Anil Kalita dated 25.05.2004, 29.06.2004 and 10.08.2004, through the local In-charge concerned, were not acted upon. He neither reported at the Bn. Headquarter nor made correspondence and remained absent until 03.09.2004. Accordingly, he was charged with indiscipline, wilful negligence and dereliction of duty rendering him liable to punishment.

  6. From the records it is revealed that Late Anil Kalita was placed under suspension by Order dated 29.08.2004 and that he had received the Show Cause Notice on 25.09.2004. For the purpose of conducting a disciplinary proceeding, an Enquiry Officer was appointed on

    19.07.2005. Late Anil Kalita participated in the proceeding and was present when five witnesses had been examined on behalf of the

    Page 2 of 8

    prosecution. Records also reveal that Late Anil Kalita had declined to cross-examine the witnesses. During the proceedings the statement of Late Anil Kalita was recorded and in his defence he stated to the effect that he had remained absent from duty from 23.05.2004 as during that...

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