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2022 Supreme(Gau) 829

R. M. CHHAYA, SOUMITRA SAIKIA
Arunjyoti Thakuria, Const. Coy-LMG: AT CPK Son of Sri Nilamoni Thakuria – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. Nath, Advocate.
For the Respondents:Mr. S. Borthakur, Advocate.

JUDGMENT :

R.M. Chhaya, J.

Feeling aggrieved and dissatisfied by the judgment & order dated 21.06.2022 passed by the learned Single Judge in WP(C) No.8724/2019, the appellant/ original petitioner has preferred this intra-Court appeal.

2. The following facts emerge from the record of the appeal.

The appellant was appointed as Constable in Railway Police Force (hereinafter referred to as “RPF” for the sake of brevity) on 22.05.1999 and was posted at TE-Coy, Lumding. As the record unfolds, the appellant was transferred to 15 RFP at Chaparmukh and again on 07.01.2014, he was transferred to his original place of posting at Lumding and was asked to join the duty on 10.01.2014. It is the case of the appellant that he could not join the duty within the stipulated period of time as he had fallen ill and, therefore, a memorandum of charges dated 04.02.2015 came to be issued. It appears from the record that the appellant appeared in the inquiry twice and could not appear thereafter, which culminated into a report dated 08.09.2015 holding the charges to be proved and the disciplinary authority upon consideration of the inquiry report passed the impugned order of dismissal from service dated 29.12.

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