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2013 Supreme(Gau) 753

UJJAL BHUYAN
Nandeswar Borah – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates:
For the Petitioner: Mr. M.H. Ahmed
For the Respondents: Mr. J. Handique

This writ petition has been filed by the petitioner for quashing of order dated 29.1.2001 passed by Commandant, 8th Assam Police Battalion, Abhayapuri in the district of Bongaigaon imposing the penalty of stoppage of three increments in the pay scale of Constable with cumulative effect as punishment for gross-misconduct and indisciplined behaviour with a warning to be careful in future.

2. Case of the petitioner is that at the relevant point of time he was serving as Constable in the Assam Police and was posted at 8th Assam Police Battalion, Abhayapuri. He was served with a show-cause notice dated 14.11.2000 issued by his disciplinary authority, i.e., the Commandant of the Battalion to show-cause under section 7 of the Police Act, 1861 read with rule 66 of the Assam Police Manual Part-Ill and article 311 of the Constitution of India as to why any of the penalties prescribed therein should not be inflicted on him for the charge brought against him. The allegation against the petitioner was that while he was detailed for duty at Gossaigaon Railway Station for railway security duty on 9.11.2000, during evening roll-call, he quarrelled with the platoon commander and gave him blows becau









































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