Back
ARUN DEV CHOUDHURY
Hussain Ali (Md. ) – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
(Arun Dev Choudhury, J.) :
1. Heard Mr. S Sarma and Mr. J Deka, learned counsels for the petitioner. Also heard Mr. D Nath, learned Senior Government Advocate representing the State.
2. The present writ petition is filed assailing the impugned order dtd. 2/7/2021 issued by the Deputy Commissioner of Police (ADMN), Guwahati whereby the petitioner was suspended with immediate effect. The further challenge is the order dtd. 11/10/2021 issued by the same authority dismissing the petitioner from service in exercise of power under Article 311 (2)(b) of the Constitution of India.
3. The background facts leading to filing of the present petition can be summarized as under:
(II) Pursuant to such FIR, the petitioner was arrested on the same date i.e. on 1/7/2021 from Police Reserve, Guwahati and was produced be
The dismissal order must be passed in compliance with the constitutional obligation under Article 311 of the Constitution of India and the relevant police rules, including providing a reason in writi....
The main legal point established in the judgment is the requirement for the disciplinary authority to record in writing the satisfaction regarding the non-practicability of holding an enquiry under A....
Disciplinary action under Article 311(2)(b) must be supported by robust evidence; reliance on mere presumptions about witness intimidation without conducting an inquiry contravenes natural justice pr....
Dismissal without a proper inquiry under Article 311 (2) (b) deemed arbitrary and illegal, requiring substantial justification beyond mere allegations.
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
