The court upheld the removal of a police constable for intoxication during duty, emphasizing the importance of discipline in law enforcement and the limited scope of judicial review in disciplinary matters.

JUDGMENT :

Manish Choudhury, J.

Invoking the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has instituted the instant writ petition to assail an Order dated 30.11.2023 passed by the respondent no. 5 in the capacity of the Disciplinary Authority/Appointing Authority, whereby, the petitioner who was serving as an Unarmed Branch Constable [UBC] in the Assam Police, has been removed from service w.e.f. 30.11.2023 by imposing the major penalty of removal in a disciplinary proceeding, Departmental Proceeding no. 05 of 2023. The impugned Order of penalty dated 30.11.2023 has further stipulated that the period of suspension of the petitioner w.e.f. 17.08.2023 to 09.10.2023 is to be treated as dies-non.

2. The background facts leading to passing of the impugned Order of penalty dated 30.11.2023 can be stated, in brief, at first.

2.1. The petitioner has stated that he joined the service in the year 1994 as a Constable at 11th Battalion of Assam Police at Dergaon and accordingly, he was sent for completing, the mandatory training course. After completion of the training course, the petitioner joined the Assam Police as a UBC/37 and served at various units and places during his service tenure.

2.2. On 16.08.2023, the petitioner, UBC/37, was serving in the D.E.F., Dibrugarh and was posted at the Police Reserve, Dibrugarh. On 16.08.2023, the petitioner was detailed for under-trial prisoners’ [UTPs’] escort duty from the Central Jail, Dibrugarh to the Court of learned Sub-Divisional Judicial Magistrate [SDJM] at Naharkatia along with six other police personnel. On that day, it was reported that the petitioner appeared in an inebriated condition on duty and had, thus, created an unpleasant situation in the Court premises.

2.3. The petitioner came to be placed under suspension immediately thereafter, by an Order dated 17.08.2023 passed by the respondent no. 5 as the Disciplinary Authority. In the Suspension Order dated 17.08.2023, it was mentioned that the petitioner appeared to be drunk on the day, 16.08.2023 at the Court premises of the learned SDJM, Naharkatia whereafter he was tested with breath analyzer and on being so tested, presence of 321 mg/100 ml alcohol was reported. Such activities were found to be an indisciplined conduct. It was further mentioned that during the suspension period, the subsistence allowance as admissible would be paid to the petitioner under the relevant rules and the petitioner would attend morning and evening Roll calls at the Police Reserve regularly.

2.4. Close on the heels of the incident dated 16.08.2023 and the Order of Suspension dated 17.08.2023, the petitioner was served with a Show Cause Notice under Section 65 and Section 115 of the Assam Police Act, 2007 read with Rule 7 of the Assam Services [Discipline & Appeal] Rules, 1964 read with Rule 66 of the Assam Police Manual [Part-III] and Article 311 of the Constitution of India, on 31.08.3023, whereby the petitioner was asked to show cause as to why any of the penalties prescribed therein should not be imposed on him on the charge, mentioned therein, based on the Statement of Allegations, the List of Witnesses and the List of Documents appended thereto. The petitioner was asked to submit his Reply within 7 [seven] days from the date of receipt of the Show Cause Notice.

2.5. In response to the Show Cause Notice dated 31.08.2023, the petitioner submitted his Reply before the respondent no. 5 on 05.09.2023 admitting the fact that on 16.08.2023, prior to joining of duty, he consumed alcohol. In the Reply, the petitioner had also made apology for his such act with an undertaking that such type of incident would not happen in the near future during his service career.

2.6. After receipt of the Reply, the same was considered by the respondent no. 5 as the Disciplinary Authority and finding the Reply unsatisfactory, the disciplinary proceeding, Departmental Proceeding no. 05 of 2023 was drawn u