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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Upendra Nath Sarmah, S/o- Late Sashidhar Sarmah – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. S. Borthakur, learned counsel appearing for the petitioner. Also heard Mr. J. K. Goswami, learned Additional Senior Government Advocate, Assam, appearing for the State respondents.
2] By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the order dated 24.05.2000, issued by the Superintendent of Police, Nagaon, whereby the petitioner was awarded the punishment of stoppage of 2 (two) increments with cumulative effect, and the order dated 20.09.2020, passed by the Deputy Inspector General of Police (CR) Diphu, Assam, whereby the appeal preferred against the order dated 24.05.2000 was rejected, thereby upholding the order passed by the disciplinary authority.
3] The brief facts of the case are that while the petitioner was posted at Dhing P.S. as Officer-in-Charge, by letter dated 27.11.1999, the Superintendent of Police, Nagaon, issued a show-cause notice along with the statement of allegation under Section 7 of the POLICE ACT (Act-V), 1861, read with Rule 66 of the Assam Police Manual, Part-III, and Article 311 of the Constitution of India, for inter-alia allegedly not handing over 16 case diaries
Disciplinary proceedings must adhere to principles of natural justice, including communication of inquiry reports and provision for cross-examination, to ensure fairness and validity.
The main legal point established is the principle of bias in departmental inquiries, emphasizing the importance of impartiality and fairness in the appointment of Presenting Officers.
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
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