IMPORTANT POINT
The doctrine of proportionality in administrative law allows judicial review of disciplinary actions, ensuring that penalties are not grossly disproportionate to the misconduct.

JUDGMENT :

Kaushik Goswami, J.

1. Heard Mr. M. K. Borah, learned counsel appearing for the writ petitioners in WP(C) Nos.6228/2023 and 6229/2023 and Mr. A.H.M.R. Choudhury, learned counsel appearing for the writ petitioner in WP(C) No.6185/2023. Also heard Mr. J. K. Goswami, learned Additional Senior Government Advocate, Assam appearing for the State respondents.

2. By way of these writ petitions under Article 226 of the Constitution of India, the petitioners are challenging the orders dated 07.07.2023 and 27.09.2023 whereby the petitioners were dismissed from service. The facts of the case is that pursuant to a valid recruitment process the petitioners were appointed in the Armed Branch of the Assam Police and thereafter, the petitioners were working as Head Constable under the respondents. It is the specific case of the petitioners that while they were posted as Head Constable in Jirighat Police Station in the district of Cachar, Assam and were allotted the “Naka Duty” on 21.04.2023 at Jirighat Naka Post, the petitioners had taken a little break from their duties, when the incident happened for which an enquiry was constituted and after conclusion of the same they were dismissed from service. Accordingly, the present writ petitions have been filed.

3. Mr. Borah, learned counsel for the petitioners submits that the punishment imposed i.e. “dismissal from service” by the disciplinary authority is not proportionate to the gravity of the offence proved and as such contends that the punishment be altered and reduced.

4. Per contra, Mr. J. K. Goswami, learned Additional Senior Govt. Advocate, Assam submits that the gravity of the offence does not warrant any alteration of the quantum of the penalty imposed by the disciplinary authority by this Court while exercising jurisdiction under Article 226 of the Constitution of India. He further submits that the penalty was awarded in terms of Rule 66 Part-III of the Assam Police Manual read with Rule 7 of the Assam Services (Discipline and Appeal) Rules, 1964 and as such warrant no interference from this Court.

5. I have given prudent consideration to the arguments made by both the parties and have perused the materials available on record.

6. Since Mr. Borah, learned counsel for the petitioners has argued only as regards quantum of the penalty imposed by the disciplinary authority, the only issue that falls for determination in these writ petitions is as to whether the penalty imposed by the disciplinary authority is proportionate to the gravity of the charges leveled. It appears that the petitioners while posted at Jirighat Police Station on the night of 21/22.04.2023 at Naka Checking duty at N.H. Way 37 Assam-Manipur, 5 nos. of container trucks were allowed to enter into the State from the neighbouring State without proper checking and making necessary entries in the Naka Checking Register and later on these 5 nos. of container trucks being intercepted at Gumrah PIC and upon checking Burmese areca nuts were seized from the said container trucks. Accordingly, show cause notices were issued to the petitioners on 08.05.2023 giving an opportunity to the petitioners to submit their written statement in defence. The statement of allegations contained in the show-cause notice is reproduced hereunder for ready reference :-

“While H.C. Rup Kumar Das was posted at Jirighat P.S. on the night of 21/22-04-2023 H.C. Rup Kumar Das was detail for Naka Checking duty at N.H. Way 37 Assam-Manipur in front of Jirighat P.S. along with UBC/289 Rakesh Sinha and UNBC/348 Bahar Ahmed Laskar. During your duty period 05 (five) nos. of container trucks (with registration no.RJ14 GL-8337, UP21 BN-8969, RJ37 GB0474, AS01 FC-3815 and UP21 BN-5169) were allowed to enter into the state from the neighbouring state without proper checking and making necessary entries in the Naka Checking Register. Later on, these 05(five) nos. of container trucks was intercepted at Gumrah PIC and on checking all the container trucks was found l