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SANJAY KUMAR MEDHI
Sikander Ali Ahmed, S/O Abdul Hoque – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI
The imposition of the penalty of Dismissal from service in a disciplinary proceeding which has also been upheld by the Appellate Authority is the subject matter of challenge in this writ petition. The challenge is based both by assailing the procedure adopted in disciplinary proceeding as well as on the merits of the charges.
2. Before going to the issue which has arisen for determination, the basic facts of the case may be narrated in the following manner.
3. The petitioner was serving as a Constable (Unarmed Branch) in the Assam Police. While posted with the Police Commissionerate, Guwahati, he was placed under suspension pursuant to his arrest in connection with Panbazar P.S. Case No. 134/2014 under Sections 120B/409/468/471 of the IPC. The petitioner was also shown arrested in another police case namely, Jalukbari P.S. Case No. 759/2014 under Sections 120B/409/418/420/201 of the IPC.
4. Subsequently, the petitioner was issued a Show Cause Notice on 13.04.2015 in connection with Departmental Proceeding No. 17/2015. The gist of the allegation was that while the petitioner was attached with the Inspector Traffic, Pandu Division, Guwahat
The court established that adherence to procedural fairness in disciplinary proceedings is essential, but the strict rules of evidence do not apply, allowing for a degree of flexibility in the enforc....
Disciplinary proceedings must adhere to procedural fairness and prescribed rules, and penalties not explicitly stated in the governing rules cannot be imposed.
A major penalty cannot be imposed without following procedural requirements, including providing an opportunity for defense, as per the Assam Services (Discipline and Appeal) Rules.
Acquittal in a criminal trial does not automatically nullify departmental proceedings, and the absence of a Presenting Officer does not necessarily render the proceedings unfair.
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