The central legal point established in the judgment is the consideration of the proportionality of the penalty imposed in relation to the established misconduct of the petitioner.

JUDGMENT :

Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Junior Government Advocate, Assam appearing for the State respondents.

2. The challenge in the present proceedings is to an order dated 27.05.2013 issued by the Superintendent of Police, Dibrugarh, Assam, by which on conclusion of departmental proceedings initiated against the petitioner, he was imposed with the penalty of removal from service.

3. The petitioner was initially appointed as a Constable in the 16th AP(IR) Bn, Barmanipur, Morigaon in the year 1998. During the course of his service, he came to be attached as PSO of one Kukil Gogoi. The petitioner was issued with a show-cause notice on 07.05.2012, charging him with gross misconduct and negligence in discharging lawful duty. The allegations levelled against the petitioner was that on 13.09.2011, after handing over his arms and ammunitions to one Amar Bhuyan, he had gone for bringing meals for said Kukul gogoi and his companions. During the period of absence of the petitioner, the said Kukil Gogoi had killed one Sonal Banerjee using the arms and ammunitions of the petitioner. It was further alleged that on return of the petitioner to the Resort, he had assisted said Kukil Gogoi and his companions to clean the room by removing the blood stains on the floor and also in disposing the dead body.

It is further alleged that the petitioner had not reported the incident as occasioned on 13.09.2011 to his superiors.

4. On receipt of the said show-cause notice, the petitioner submitted his replies and therein raised a grievance to the extent that the arms and ammunitions were snatched by said Kukil Gogoi and that he was in no manner connected with the incident but had only followed the directions of said Kukil Gogoi.

5. The Disciplinary Authority, not being satisfied with the replies submitted by the petitioner, directed for holding an enquiry. Accordingly, an Enquiry Officer came to be appointed in the matter. On conclusion of the enquiry, a second show case notice came to be issued to the petitioner on 06.05.2013. The petitioner on 17.05.2013 submitted his replied to the second show cause notice.

6. Thereafter, upon examination of the matter in its entirety, the Disciplinary Authority proceeded to issue the order dated 27.05.2013 imposing the penalty of removal from service upon the petitioner.

7. Ms. T. Som, learned counsel for the petitioner, reiterating the facts as noted hereinabove, submits that the petitioner had not done any act as alleged on his own free will but was forced to follow the directions of said Kukil Gogoi with whom he was attached as PSO. It is further submitted by Ms. Som that the petitioner had disclosed about the said incident and surrendered before the police immediately after occasioning of the incident on his reaching Dibrugarh Police Reserve.

8. Ms. Som submits that the actions as alleged against the petitioner, not being done on his own free will, the petitioner ought not to have been subjected to a departmental proceeding and or imposed with the severe penalty of removal from service.

9. Ms. Som has also submitted that the penalty as imposed upon the petitioner is clearly disproportionate to the allegations levelled against him and he, not being involved in the murder of said Sonal Banerjee, the penalty imposed upon the petitioner requires to be interfered with by this Court and the matter be remanded to the authorities for imposition of any other penalty which would not have the effect of termination of the services of the petitioner.

10. Mr. D. Borah, learned Junior Government Advocate, Assam appearing for the respondents has submitted that the petitioner, after the said incident, on reaching Dibrugarh, had not disclosed about the said incident to any authority. It was only after his arrest on 17.09.2011 in connection with Sonapur P.S. Case No.202/2011, it came to light that he was involved in the incident that had occasioned on 13.09.2011. He subm