IMPORTANT POINT
The court upheld the dismissal of a police officer for bribery, affirming that disciplinary actions must be proportionate to the misconduct established.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Ms. S. Kanungoe, learned counsel for the petitioner. Also heard Mr. D. Bora, learned Government Advocate appearing for all the respondents.

2. The petitioner, by way instituting the present proceeding has presented a challenge to an order dated 17.04.2023, issued by the Superintendent of Police (CID), Assam, imposing the penalty of dismissal from service upon the petitioner on conclusion of a departmental proceeding instituted against him. The petitioner has also challenged an order dated 29.05.2023, passed by the appellate authority, rejecting the appeal so preferred by the petitioner against the said order dated 17.04.2023. The petitioner has, in the alternative, prayed for imposition of a minor punishment upon re-instatement of the petitioner in his post of Naik (AB).

3. As projected in the writ petition, the petitioner was appointed as a Constable on 07.04.1994 w.e.f. 29.03.1994. The petitioner, on joining his services, continued to discharge his duties. Thereafter, vide an order dated 02.09.2021, the petitioner along with others were promoted to the post of Naik (UB). On his such promotion, the petitioner was permitted to continue at the Assam Police Head Quarters, on deputation and was attached to the Accounts Branch until further orders. Basing on an FIR lodged before the Officer In-charge ACB Police Station by the Head Customer Experience, Assam and N.E. Circles, Bharti Airtel Limited, interalia, alleging therein that the petitioner herein had demanded an amount of Rs. 10,000/- (Ten thousand only) to expedite the process of clearance of the pending bills of the organisation. It was further alleged that after bargaining, the petitioner reduced the bribe so demanded to Rs. 2,000/- (Two thousand only). The official of the Bharati Airtel Limited, had recorded the telephonic conversation held in the matter with the petitioner and accordingly, pre-trap operation was carried out with the help of the Anti-corruption branch. The petitioner was arrested on 28.09.2022 and the amount so paid as bribe was recovered from him and ACB Case No. 44/2022, under Section 7(A) of the Prevention of Corruption Act, 1988 (as amended) came to be instituted.

4. On his arrest in connection with the said criminal case and his detention beyond 48 hours, the Superintendent of Police, CID, Assam, proceeded vide order dated 01.10.2022 to place the petitioner under suspension. The Superintendent of Police, CID, Assam, as the disciplinary authority of the petitioner, proceeded to issue a show-cause notice dated 01.12.2022, instituting a departmental proceeding against the petitioner. The petitioner, in the said show-cause notice, was alleged to have been caught red handed on 28.09.2022 and arrested for demanding as well as accepting bribe from one Nek Mohammad Ansari for clearance of ceiling of Bharti Airtel Ltd. which was pending since last quarter of Financial Year 2021-2022. The said act of the petitioner was projected to be a serious misconduct, tarnishing the image of a disciplined force, rendering him unfit to be retained in Assam Police. The petitioner was accordingly, charged with serious misconduct and dereliction of duty as defined in Section 78 & Section 98 of the Assam Police Act, 2007.

5. On receipt of the said show-cause notice, the petitioner submitted his reply thereto on 13.12.2022, denying the allegations so leveled against him. The petitioner, in his reply, had projected that the amount of Rs. 2,000/- recovered from his back pocket was inserted therein, secretly, by said Nek Mohammad Ansari without his knowledge. The disciplinary authority not being satisfied with the reply so submitted by the petitioner to the show-cause notice dated 01.12.2022, proceeded to order for an enquiry against him in the matter and appointed a Enquiry Officer for the purpose. On conclusion of the enquiry so held, the Enquiry Officer, proceeded to submit his report on 13.02.2023 to the disciplinary authority. Thereafte