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2011 Supreme(Gau) 502

B.D.AGARWAL
Dizen Bezbaruah – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. P.K.Tiwari, Advocate
For Respondents/Defendant:Ms. G. Deka, Addl. Sr. GA, Advocate

JUDGMENT

B.D. Agarwal, J.

1. This writ application under Article 226 of the Constitution of India has been filed seeking a writ in the nature of certiorari, so as to set aside the enquiry report dated 30.03.2000; the order dated 02.03.2005 passed by the Deputy Inspector General of Police (E), respondent No.3 dismissing the writ petitioner from service and the orders dated 16.10.2007 and 12.05.2009 passed by the appellate authority and reviewing authority, dismissing the statutory appeal and the review application of the writ petitioner.

2. Heard Mr. P. K. Tiwari, learned counsel for the petitioner and Ms. G Deka, learned Addl. Senior Government Advocate, Arunachal Pradesh.

3. The gist of the case is that at the relevant period, the writ petitioner was serving as Sub-Inspector of Police and he was posted at Tezu. The case of the department is that the writ petitioner had established illicit and extra martial relation with one girl Ms. Jyotsna Nath. Besides this, the petitioner was also found taking liquor/alcohol with the said girl and one civilian lady, namely Smt. Bina Balmiki in the house of the later. In the night of 14.09.1998, the petitioner had visited the house of Bina Balmiki a




























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