The main legal point established in the judgment is the requirement for adherence to natural justice principles and the sufficiency of evidence in disciplinary inquiries.

B. Lamare, J.

1. Heard Mr. Jallaluddin, the learned Addl. G.A. and Mr. Th. Ibobal Singh, Addl. Govt. Advocate. Also heard Mr. A. Nilamani Singh, learned Sr. Advocate, Mr. Bimol Singh, Advocate, Mr. Kh. Binoy Kumar Singh, Adv., Mr. N. Koteshwar Singh, Adv., Mr. M. Kumarjit Singh, Adv., Mr. B.P. Sahu, Advocate, Mr. M. Hemchandra, Advocate, Mr. Y. Nirmolchand, Advocate, Mr. A. Mohendro, Advocate, and Mr. M. Gourahari Singh, Advocate for the Respondents.

2. These writ appeals are taken up together as all the appeals arose out the common judgment dated 25.09.2002 passed by the learned Single Judge in 102 writ petitions. The same questions of law and facts are involved, hence, the appeals are also taken up together and disposed of by this common judgment.

3. In the said writ petitions, all the writ Petitioners who were dismissed from the service under different orders issued by the Respondents authorities, had assailed those orders, however, by the said judgment and order dated 25.09.2002, the learned Single Judge has set aside and quashed all the impugned termination orders of the writ Petitioners and directed that the writ Petitioners would be taken back in the service within a period of one month from the date of receipt of a certified copy of the judgment and order by issuing necessary orders for reinstatement of the writ Petitioners. The learned Single Judge has also directed the concerned authorities to pay 50% of the back wages to the writ Petitioners. The grounds on which the learned Single Judge has quashed all the dismissal orders are as follows:

(i) The Petitioners were not afforded opportunity of appointing defence assistance to represent their cases;

(ii) No presenting officer was appointed by the authorities during the inquiry.

(iii) The witnesses produced before the inquiry officer were not allowed to be crossed examine by the Petitioners. The inquiry reports were not furnished to the delinquent before issuing all the dismissal orders;

(iv) That there were procedural lapses on the part of the inquiry officer while conducting the inquiry against the delinquent.

3A. The proceeding against the Petitioners' Respondents is guided by the Assam Police Manual. The proceeding to be drawn up in case of major penalty is prescribed under Rule 66 of part-III of the Assam Police Manual. Clause III of Rule, 66 reads as follows:

No order of major punishment shall be passed on a member of the service (other than an order based on facts which have led to his conviction in a criminal court) unless he has been informed in writing of the grounds on which it is proposed to take action and has been afforded an adequate opportunity of defending himself. The grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges, which shall be communicated to the persons charged together with a statement of the allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case. He shall be required, within a reasonable time to put in a written statement of his defence and to state whether he desires to be heard in person. If he so desires or if the authority oral evidence shall be heard as to such of the allegations as are not admitted, and the person charged shall be entitled to cross-examine the witnesses, to give evidence in person and to have such witnesses called, as he may wish, provided that the officer conducting the inquiry may, for special and sufficient reason to be recorded in writing, refuse to call a witness. The proceedings shall contain a sufficient record of the evidence and statement of the findings and the grounds thereof.

This rule shall not apply where the person concerned has absconded or where it is for other reasons impracticable to communicate with him. All or any of the provisions of the rule may, in exceptional cases for special and sufficient reasons to be recorded in writing, be waived where there