Disciplinary authorities may order a de novo enquiry in cases of procedural irregularities, allowing for a fair assessment of allegations, as long as the accused can participate and defend against the claims.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. S. Baruah, learned counsel appearing on behalf of the petitioner. Also heard Mr. J. K. Goswami, learned Additional Senior Government Advocate, representing the State respondents.

2. The challenge in the present proceeding is to an order dated 03.04.2021, passed by the Superintendent of Police (Communication), H.Q.-II, Ulubari, Assam as Disciplinary Authority, imposing upon the petitioner, the penalty of removal from service in pursuance to a departmental proceeding held against him in the matter.

3. The facts in brief requisite for the purpose of adjudication of the issues arising in the present proceeding is noticed herein below: -

The petitioner was enlisted as a Constable of Police (Wireless Operator/Wireless Technician) on 12.01.2018, on probation in the establishment of the Assam Police Radio Organisation (APRO in short).

The petitioner had remained absent from his duties w.e.f. 13.03.2019 and had rejoined his services on 01.04.2019. Again the petitioner remained absent from his duties on 08.04.2019 and had only resumed his duties on 24.05.2019. The petitioner, thereafter, remained absent from 09.07.2019 to 17.08.2019. The said period of absence of the petitioner amounting to 107 days, were regularized by the respondent authorities by grant of Leave without Pay. After such regularization of the period of absence, the petitioner again remained absent from his duties w.e.f. 10.09.2019. The petitioner being a member of the disciplined police force and having remained un-authorizedly absent, the disciplinary authority proceeded to institute a disciplinary proceeding against the petitioner by way of issuance of a show-cause notice dated 23.09.2019. In the said show- cause notice, it was alleged that the petitioner had remained absent from his duties w.e.f. 10.03.2019 till 01.04.2019 and thereafter, w.e.f. 08.04.2019 till 24.05.2019 had remained un-authorizedly absent w.e.f. 10.09.2019 till the date of issuance of the show-cause. Accordingly, the petitioner was charged with gross negligence to duty and of unbecoming conduct.

The materials brought on record reveals that the petitioner had not submitted his written statement against the said show-cause notice. Accordingly, the disciplinary authority appointed an Enquiry Officer along with a Presenting Officer in the matter. The petitioner, not having participated in the enquiry, the Enquiry Officer proceeded to hold the enquiry ex-parte against the petitioner herein.

On conclusion of the enquiry, the Enquiry Officer submitted his report and therein, conclude that the charges leveled against the petitioner vide the show-cause notice dated 23.09.2019 was established. The enquiry report dated 14.02.2020 was forwarded to the petitioner by the disciplinary authority vide communication dated 05.06.2020, requiring him to submit a representation in the matter. In the said communication dated 05.06.2020, it was highlighted that the disciplinary authority had provisionally come to a conclusion that the petitioner would be liable to be imposed with the penalty of removal from service, which shall not be a disqualification for future employment. The petitioner, on receipt of the said enquiry report, submitted his representation against the same on 17.06.2020 and therein, the petitioner has highlighted the irregularities committed by the Enquiry Officer in the enquiry as well as the manner in which the Enquiry Officer had drawn his conclusions.

On perusal of the enquiry report as well as the rep