K. Sreedhar Rao, J.

1. The government of Assam has floated a scheme under name Prevention of Infiltration of Foreigners Scheme (PIFS) for detecting and preventing the illegal infiltration of foreigners into the country. For implementing the scheme several hierarchical posts were created. Posts of sub-inspector were also created. Petitioner was appointed as Havildar in the year 1989 and when the posts of sub-inspector were notified petitioner applied and got appointed as sub-inspector in the year 1994. There was a news report against the petitioner in The Dainik Purvoday (a local daily) that on 23.10.2006 petitioner visited the pharmacy-cum-residence of one Bijay Agarwala, who happens to be a news-reporter of The Dainik Purvoday based at Goreswar. Petitioner was alleged to be under the influence of liquor and misbehaved with the said Mr. Bijay Agarwala and abused him in filthy language. It is alleged that when the people gathered there tried to get hold of him to send him for medical examination he managed to escape. Show-cause notice was issued to him giving 3 days' notice to explain the allegations against him.

2. The petitioner in para 2 of his explanation has made the following averments.

"Sir, I never drunk then and create no nuisances there. The proprietor of the Pharmacy actually is engaged in different kinds of nefatious activities in Pharmacy. Just to save himself from it and to hide his this type of unlawful and nefarious activities, he has taken the help of this mischievous propaganda against me. The alleged propaganda is totally false, fabricated and concocted story to demorilise the Police force before the general public".

3. In the explanation the petitioner further denies the fact that he was in a drunken state and he never created any nuisance. The proprietor of the pharmacy was engaged in nefarious activities and

"just to save himself from it and to hide his this type of unlawful and nefarious activities he has taken the help of this mischievous propaganda against me and the alleged propaganda is totally false, fabricated and concocted story to demoralize the police force before the general public".

4. The Additional Director-General of Police has passed the following order.

"Perused the explanation of delinquent Insp(B) EX-S Rabindra Kr. Ray, enquiry report of Superintendent of Police, Baska district and order of the Police HQ, Assam placing him (the delinquent Insp.(B) EX-S), under suspension. The delinquent is not a regular Govt.'s employee but on contractual service for one year w.e.f. 27/07/06 under P.L.F. Scheme against one of the posts sanctioned by Govt. of India on year to year basis for ex-servicemen. His assigned duty as Insp(B) EX-S was detection and deportation of illegal migrants through due process of law and as such he is not required to undertake enquiry/investigation of any other crime on his own volition. In his explanation he had stated that on 23/10/06 he had gone to a pharmacy at Goreswar to purchase medicine and had asked owner of the pharmacy regarding his involvement in some nefarious activities, which led to unsavoury incident. This shows that he had been to the pharmacy with mala fide intention as it was beyond scope of his assigned duty to conduct enquiry about any criminal act. The Superintendent of Police Baska, in his report has clearly brought out involvement of delinquent Insp(B) Ex-S Ray in the unsavoury incident unbecoming of a Police officer following which P.H.Q. has ordered the suspension of delinquent Insp(B), EX-S Rabindra Kumar Ray. It seems that PHH.Q has ordered suspension from service of delinquent Insp(B) EX-S Ray on the premise that he was a regular Govt.'s servant. As per terms and conditions of contractual service of the delinquent Insp(B) EX-S Ray, he is liable to be discharged from contractual service if he is found deficient in his performance and otherwise. In view of the involvement of delinquent Insp(B) EX-S Rabindra Kr. Ray in undesirable activity unbeco