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SANJAY KUMAR MEDHI
Deep Narzary, S/o. Late Mohini Mohan Narzary – Appellant
Versus
State of Assam – Respondent
Heard Shri P. Kataki, learned counsel for the petitioner. Also heard Shri CS Hazarika, learned State Counsel appearing for all the respondents.
2. The subject matter of challenge in this writ petition is an order of dismissal dated 30.11.2021 from service of the petitioner as Sub-Inspector of Police, which has also been affirmed by the Appellate Authority vide an order dated 07.02.2022.
3. Bereft of details, the necessary facts, as projected are as follows.
4. The petitioner was serving as a Sub-Inspector in the Assam Police. He was served with a show-cause notice dated 03.01.2019 on the allegation of unauthorized absence for the period from 05.01.2013 to 08.10.2018. The petitioner had submitted his reply on 03.01.2019 itself whereafter vide communication dated 05.01.2019, the Enquiry Officer and the Presenting Officer were appointed. Thereafter, the enquiry was held and the charge against the petitioner was found to be established. The report of the Enquiry Officer was forwarded to the petitioner by the Disciplinary Authority on 17.03.2021 asking for his views. It is however the case of the petitioner that he did not submit any response and thereafter on 12.08.2021 another notice wa
The 42nd Amendment of the Constitution of India eliminates the need for a second show-cause notice on the aspect of imposing a major penalty.
Habitual absenteeism in a disciplined force can justify the imposition of a major penalty like dismissal from service, and such penalty may not be considered disproportionate to the allegations.
Habitual absenteeism in a disciplined force justifies dismissal, and previous misconduct can be considered in determining penalties.
Disciplinary proceedings must adhere to the principles of natural justice, ensuring adequate opportunity for defense, including cross-examination of witnesses.
Disciplinary proceedings must adhere to procedural fairness and prescribed rules, and penalties not explicitly stated in the governing rules cannot be imposed.
Disciplinary authorities must act fairly and without bias, ensuring that the accused has a reasonable opportunity to contest findings before any punitive action is taken.
The main legal point established is that in cases of unauthorized absence from duties, the disciplinary authority must provide the delinquent employee with fair opportunities to defend themselves, an....
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