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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. UNNI KRISHNAN NAIR
Moon Basumatary S/o Michael Basumatary – Appellant
Versus
State of Assam – Respondent
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
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The dismissal of a police officer based on departmental proceedings was unjustified as the charges were not proven, and acquittal in criminal proceedings must be considered.
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