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2022 Supreme(Gau) 920

DEVASHIS BARUAH
Joydeep Kumar Singha, S/o. Sri Prodip Kumar Singha – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. Of Assam (Department Of Home), Dispur, Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. F. Z. Mazumder.
For the Respondents: Mr. H. Sarma.

JUDGMENT :

1. Heard Mr. F. Z. Mazumder, learned counsel appearing on behalf of the petitioner. Also heard Mr. H. Sarma, learned counsel appearing on behalf of all the respondents.

2. The instant writ petition has been filed challenging the Order dated 18.06.2020 issued by the Commandant 21st AP (IR) Battalion Katlicheera as well as the Order dated 22.09.2020 issued by the Deputy Inspector General of Police AP, whereby the petitioner was dismissed from service with immediate effect and subsequently, the appeal so filed was also dismissed respectively.

3. For ascertaining as to whether in the instant case any interference can be made under Article 226 of the Constitution, let this Court take into consideration the relevant facts involved.

4. The petitioner herein as alleged in the writ petition, was serving as a Constable in the Assam Police Department to the Govt. of Assam. Posted at 21st AP (IR) Battalion Katlicheera, Hailakandi and was attached with Platoon No. 5 Camp Panchgram PS.

5. The petitioner was allowed to avail 21 days earned leave w.e.f. 05.01.2019 to 26.01.2019 vide an order dated 29.10.2018. However, the petitioner could not resume the duty on date, on account of sudde

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