IMPORTANT POINT
The court established that due process must be followed in disciplinary inquiries, ensuring that individuals have the opportunity to defend themselves against allegations.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. Tapan Deuri, learned counsel for the petitioner. Also heard Mr. Nabashish Goswami, learned Jr. Government Advocate, appearing on behalf of all the respondents.

2. The petitioner by way of instituting the present proceeding, has presented a challenge to the observations, made by the State Police Accountability Commission, Assam, against him in the order, dated 27. 07.2021, passed in Case No. SPAC/C/170/SP(KAM)/2020[Khaybor Ali v. OC, Nagarbera PS].

3. The observations so made against the petitioner, being of relevance, is extracted hereinbelow:

“10. Before parting with the records, the Commission considers it fit and proper to point out the casual nature of making inquiry by the Dy. SP (HQ), Amingaon, who has while submitting his report dated 11.11.2020 to the SP. Kamrup, Amingaon has very tactfully avoided mentioning inordinate, unexplained and impermissible delay caused in registration of the FIR dated 16.09.2020 lodged by the complainant in Nagarbera PS, by simply mentioning that the said FIR was registered as Nagarbera PS Case No.114/2020. The Dy. SP (HQ) before submitting the report either did not verify all the relevant records or tried to withheld the aforementioned information from this Commission. The SP, Kamrup at Amingaon also submitted his even dated report solely based on the aforesaid report dated 11.11.2020 of Dy. SP (HQ). The DGP, Assam, therefore, is requested to issue necessary instructions to the SPs of all the districts to ensure proper inquiry before submitting any report to this Commission.”

4. It is to be noted that Khaybor Ali, the complainant in the proceeding before the State Police Accountability Commission, Assam, in his compliant, dated 13.10.2020, had alleged that on 16.09.2020, he had lodged an First Information Report(FIR) with Nagarbera Police Station about the use of filthy language against him and also threatening him in the matter by the named accused persons. He has also alleged that there was an attempt to torture him by the accused person in a public meeting. It is further alleged that the First Information Report(FIR), dated 16.09.2020, was neither registered, nor, the case was taken up for investigation.

5. The State Police Accountability Commission, Assam, on receipt of the said complaint, proceeded vide communication, dated 20.10.2020, to require the Superintendent of Police, Kamrup, Amingaon, to submit a report in the matter basing on the allegations so levelled by the complainant in the complaint, dated 16.09.2020. The responsibility of preparation of the said report was delegated by the Superintendent of Police, Kamrup, Amingaon, to the petitioner, herein, who was, at the relevant point of time, working as a Dy. Superintendent of Police(HQ), Kamrup, Amingaon.

6. The petitioner, herein, on examining the issue and also conducting an inquiry into the matter, proceeded vide communication, dated 11.11.2020, to submit his report before the jurisdictional Superintendent of Police. In the said report; the petitioner, basing on the materials so coming on record in the inquiry held by him, had contended that Nagarbera Police Station Case No. 114/2020 u/s. 294/506/341/34 of the Indian Penal Code, was registered on the basis of the First Information Report(FIR) lodged by the complainant. The petitioner further proceeded to hold that in the said case, on conclusion of the investigation; final report vide F.R. No. 57/2020, dated 13.10.2020, was already submitted before the competent criminal Court. The petitioner also proceeded to draw a conclusion that the allegation of non-registration of the First Information Report (FIR) lodged by the complainant, was not substantiated.

7. The petitioner, in his report, further highlighted the fact that Nagarbera Police Station Case No. 115/2020 u/s. 420/294/506/34 of the Indian Penal Code; was pending against the complainant Khaybor Ali and accordingly, the visit by the police to his house in the process of the inve