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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. Unni Krishnan Nair,
Fazlur Rahman Son Of Late Fakir Rahman – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. M. K. Borah, learned counsel for the petitioner. Also heard Mr. P. N. Goswami, learned Addl. Advocate General, Assam, appearing on behalf of all the respondents.
2. The petitioner, by way of instituting the present proceeding, has prayed for a direction upon the respondent authorities to reinstate him in his service in terms of the directions passed by this Court vide judgment & order, dated 11.04.2001, in WP(c)5001/2001.
3. The petitioner, herein, while working as a Constable in the 5th Assam Police Battalion, was served with a Show Cause Notice, 31.10.1994, issued by the Commandant of the Battalion, requiring him to show cause as to why appropriate penalty should not be imposed upon him for having remained unauthorizedly absent w.e.f. 13.10.1994. It was further alleged that on account of the unauthorized absence of the petitioner, herein, extremist elements had overpowered the sentry constable and other guard party on 17.10.1994 and looted away arms and ammunitions along with a wireless handset. The petitioner was further alleged to have remained absent from his duty w.e.f. 13.10.1994 till 24.11.1994.
4. On conclusion of the inqui
The failure to provide an Inquiry Report violated natural justice, leading to the reinstatement of the petitioner from the date of discharge.
The court established that reinstated employees are entitled to back wages unless it is demonstrated that they were gainfully employed during the period of absence due to dismissal.
An acquitted employee in a criminal case is entitled to back wages for the period of enforced absence from service when the dismissal was set aside due to unfair trial in departmental proceedings.
Discharge of police personnel without inquiry violates natural justice and mandatory administrative procedures.
Habitual absenteeism in a disciplined force justifies dismissal, and previous misconduct can be considered in determining penalties.
The punishment imposed must be proportionate to the gravity of the misconduct, and the principles of natural justice and statutory regulations prescribing the mode of enquiry must be followed.
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
Disciplinary proceedings must adhere to the principles of natural justice, ensuring adequate opportunity for defense, including cross-examination of witnesses.
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