IMPORTANT POINT
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.

JUDGMENT :

Kaushik Goswami, J.

Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Additional Senior Government Advocate for the State respondents.

2. By way of the instant writ petition under Article 226 of the Constitution of India, the petitioner is challenging the disciplinary proceedings and the order “Dismissal from Service” dated 03.07.2015 passed by the Commandant 10th Assam Police Battalion, Kahilipara, Guwahati-19 and the order dated 02.04.2018 by the appellate authority upholding the findings of Disciplinary Authority.

The facts of the case are as follows:-

3. The petitioner who was a constable in the in 10th Assam Police Battalion upon having over stayed his leave, the disciplinary proceedings was initiated against him for his alleged unauthorized absence in Government duty.

4. After completion of the departmental proceedings by order dated 03.07.2015, the petitioner was dismissed from service against which an appeal was preferred by the petitioner.

5. However, the said appeal was also dismissed by the appellate authorities by order dated 02.04.2018. Situated thus, the present writ petition has been filed.

6. Mr. R. Mazumdar, learned counsel for the petitioner submits that the case of the petitioner has not been fairly dealt by the respondent authorities and there has been gross violation of the principles of natural justice which is apparent on the face of the first show-cause notice dated 20.01.2014 and the second show-cause notice dated 18.05.2015, wherein the authorities have already presumed the guilt of the petitioner and decided the punishment to be imposed respectively.

7. In respect of aforesaid submissions Mr. R. Mazumdar, learned counsel for the petitioner relies upon the following decisions:-

(i) ORYX Fisheries Private Limited Vs Union of India and others reported in 2010 13 SCC 427.

(ii) Keshri Mal Vs State of Rajasthan reported in 1978 0 RLW (Raj) 599 (Rajasthan High Court).

(iii) Shri Hiramohan Doley Vs The State of Assam 4 others reported in 2017 3 GauLJ 714 (Gauhati High Court).

(iv) Machum Ahmed Laskar Vs The State of Assam and 7 others in WP(C) No. 9445/2019 (Gauhati High Court).

8. Per contra Mr. R. Dhar, learned Additional Senior Government Advocate submits that the enquiry has been duly held following the requisite procedures by giving full opportunity to the petitioner, however, the petitioner did not participate in the enquiry nor submitted any reply or response whatsoever to the notices issued.

9. He further submits that the appellate authority referred the medical documents produced by the petitioner to one Dr. H. R. Phukan, Professor and HOD of Psychiatry, Gauhati Medical College Hospital for verification and the said doctor upon verification has stated that the signature put on the said certificates and OPD record does not belong to any member of the Department.

10. I have given my prudent consideration to the arguments made by the learned counsels for the both the parties and have perused the materials available on record.

11. It appears that the petitioner had availed casual leave with effect from 10.01.2006 to 30.01.2006 i.e. total 20 (twenty) days and that his casual leave has been sanctioned by the Commandant 10th Police Battalion and command certificate of casual leave had been issued.

12. It further appears that during the leave period, the health condition of the petitioner deteriorated and he had to undergo treatment at the local Civil Hospital, however, his health condition was not improved and he had been referred to Gauhati Medical College Hospital.

13. It further appears that thereafter the petitioner consulted the doctors at Gauhati Medical College Hospital, therein he was diagnosed to have been suffering from “Depression and Psychosis” and was accordingly treated in the Psychiatry Department of the Gauhati Medical College Hospital under specialist doctor.

14. It further appears that requisite medical certificates issued by the doctors of the Gauhati Medi