IMPORTANT POINT
The acquittal in a criminal trial does not invalidate disciplinary proceedings, as the standards of proof differ between the two contexts.

JUDGMENT :

Heard Ms. D. Buragohain, learned counsel for the petitioner. Also heard Mr. T. C. Chutia, learned Addl. Senior Government Advocate appearing for the respondents.

2. The petitioner, by way of instituting the present proceeding has presented a challenge to an order dated 16.08.2022, issued by the disciplinary authority of the petitioner, imposing upon the petitioner the penalty of removal from service. The petitioner has also assailed the enquiry report dated 06.11.2021, so submitted in the matter by the enquiry officer as well as the order dated 11.01.2023, passed by the appellate authority, upholding the penalty imposed upon the petitioner by the disciplinary authority.

3. The petitioner, while working as a Sub-Inspector of Police (UB) (P) under the control of the Superintendent of Police, Nagaon, was vide order dated 09.11.2018, temporarily deputed to Majuli DEF. Accordingly, the Superintendent of Police, Nagaon, vide order dated 15.09.2018, proceeded to release the petitioner from Nagaon for joining at Majuli DEF. On 31.12.2019, the petitioner herein, was involved in a shooting incident which had caused grievous injury to one Joydev Nath, a colleague of the petitioner. Basing on the said incident, an FIR came to be so lodged by one Indeswari Pegu, Sub-Inspector of Police before the Officer In-charge Jengraimukh Police Station, Majuli.

In the said FIR, it was alleged that the petitioner herein, after breaking open the door of the Toilet (attached to the room) in the Government quarter of Jengraimukh Police Station had taken out his government allotted Pistol (9 mm browning pistol) from the top of the drawer of the table, coked it, aimed and fired at Joydev Nath Sub- Inspector of Police. On being shot, Joydev Nath had fallen down on the floor of the room and he was bleeding profusely. Basing on the said incident, the petitioner came to be placed under suspension by the Superintendent of Police, Majuli, vide an order dated 01.01.2020.

Although a departmental proceeding was instituted against the petitioner by the Superintendent of Police, Majuli, vide issuance of show- cause notice dated 04.02.2020 and the petitioner had submitted his reply, however, on the petitioner being repatriated to the Nagaon DEF, the Superintendent of Police, Nagaon, vide show-cause notice dated 26.05.2020; initiated a departmental proceeding against the petitioner. In the said show-cause notice, also, it was alleged that the petitioner while posted at Jengraimukh Police Station, Majuli, had on 31.12.2019 at around 9.40 PM, in pursuance to a verbal argument that had taken place between him and his colleague Joydev Nath of the same Police Station inside their government quarter, the petitioner after taking out his government allotted 9 mm browning pistol from the drawer, fired at Joydev Nath from a very close range, resulting in the victim falling on the ground bleeding profusely. The victim was held to have suffered grievous bullet injury and was immediately shifted to the hospital. The petitioner was further charged that he being a member of a disciplined force, had attempted to kill one of his fellow officers with a government allotted pistol and the above act of the petitioner was held to be tantamounting to a criminal misconduct. The petitioner had submitted his written statement of defense in the matter and the same not being found to be satisfactory, an enquiry was directed into the matter by the disciplinary authority. The petitioner was thereafter, vide order dated 11.07.2023, reinstated in his service, pending conclusion of the departmental proceeding so instituted against him.

On conclusion of the enquiry, the enquiry officer submitted his report in the matter and the same was forwarded to the petitioner by the disciplinary authority vide a communication dated 06.11.2011. The petitioner was thereafter, transferred to Karimganj DEF and accordingly, the Superintendent of Police, Kari