N. UNNI KRISHNAN NAIR
UBC/102 Dilip Gogoi, S/o. Lt. Lalit Gogoi – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary Govt. Of Assam, Home, Department – Respondent
JUDGMENT :
Heard Mr. P. J. Saikia, learned senior counsel, assisted by Mr. R. S. Mishra, learned counsel, appearing on behalf of the petitioner. Also heard Mr. J.K. Goswami, learned Addl. Senior Government Advocate, appearing on behalf of the State Respondents.
2. The petitioner by way of instituting the present writ petition, has presented a challenge to an order, dated 29.02.2012, passed by the Superintendent of Police, Dhemaji, imposing upon the petitioner the penalty of dismissal from service on conclusion of a departmental proceeding as instituted against him in the matter. The petitioner has also presented a challenge to an order, dated 05.11.2012, passed by the appellate authority rejecting the appeal as preferred by the petitioner in the matter.
3. The petitioner, herein, was initially recruited as an Unarmed Branch Constable in the Assam Police in the year 1991. Thereafter, while he was posted as a Constable(UB) at Dhemaji DEF; the petitioner came to be placed under suspension w.e.f. 15.11.2008. The said order of suspension was followed by initiation of a departmental proceeding by way of issuance of a Show Cause Notice, dated 05.01.2009, wherein, it was alleged that the pet
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