RANJAN GOGOI
Motilal Cheran – Appellant
Versus
State of Meghalaya – Respondent
Ranjan Gogoi, J.
1. An Order dated 27.7.1996 removing the petitioner from service passed by the Superintendent of Police, West Garo Hills District, Tura has been assailed in the present writ petition.
2. The brief facts that will be required to be noticed for an effective adjudication of the questions raised are as follows:
The petitioner, at the relevant point of time, was a Sub-Inspector in the Meghalaya Police. On 22.1.1991, a charge memo was issued against the petitioner alleging misconduct and negligence in performance of duties. The facts stated in the charge memo dated 22.1.1991 are that, on 25.12.1990, the petitioner was detailed for duty to proceed to William Nagar to arrest an accused. He had gone to that place armed with a service revolver and 12 rounds of ammunitions. On 27.12.1990, at about 6:30 PM, the petitioner is alleged to have consumed liquor with one LNK Noliston Marak of 2nd MLP Bn. in the house of Bindu was while on duty armed with the service revolver and the ammunitions allotted to him. In the charge memo, it is further alleged that while consuming liquor, the petitioner had taken out the service revolver pointing the same towards LNK Noliston Marak and
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