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2019 Supreme(Gau) 813

SANJAY KUMAR MEDHI
Mohar Ch Barman – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
K. Paul, Adv.

JUDGMENT :

Sanjay Kumar Medhi, J.

The extraordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is sought to be invoked by filing this petition whereby the petitioner had put to challenge an order dated 29.04.2014 passed by the Superintendent of Police, Goalpara, by which the petitioner who was a U.B. Constable was dismissed from service after a departmental proceeding. It is the further case of the petitioner that against the order of dismissal, he had unsuccessfully preferred a departmental appeal.

2. The brief facts of the case is as follows:

3. The petitioner was duly appointed as a U.B. Constable w.e.f. 16.08.1987 and posted in the Goalpara D.E.F. Till the impugned disciplinary proceeding there was no blemish in his long career. It is the case of the petitioner that while working under the Lakhipur Police Station, on 31.05.2011 he had to go to his native home in connection with his daughter's marriage proposal with the understanding that he will return the very next day. However, after reaching his home, the petitioner seriously fell ill and was diagnosed of jaundice and malaria, as a result of which, he could not report back to his duties. The

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