Disciplinary actions must adhere to principles of natural justice, ensuring charges are clear and the accused gets a fair opportunity to defend against allegations.

JUDGMENT :

Rajesh Mazumdar, J.

Heard Mr. A Roshid, learned counsel appearing for the petitioner and also heard Miss S Barua, learned Junior Government Advocate, who has also produced the records of the disciplinary proceeding against the petitioner.

2. The story as unfolded in the pleading of the contesting parties is that while working as an Unarmed Branch Constable (UBC) under the Superintendent of Police, Kokrajhar, the petitioner and other personnel were detailed for duty to escort a few under trial prisoners to the Court of the learned Judge, NIA Court, Guwahati. On the return journey, 2 (two) of the undertrial prisoners managed to escape from the police van and in the attempt to stop them, one of the UTPs sustained bullet injuries and later expired.

3. Regarding the aforesaid incident, Kokrajhar PS Case No. 403 of 2016, under Sections 120(B)/128 of the IPC was registered. The petitioner was arrested on the basis of the FIR on 14.07.2016 and he was released on bail on 20.08.2016

4. Upon trial, by the order dated 21.01.2023 passed in Sessions Case No. (T) 2/02/2019, the petitioner along with other persons accused were acquitted of the charges levelled and set at liberty.

5. In the meantime, the petitioner had been served with a show-cause notice on 13.09.2016, issued by the Superintendent of Police, Kokrajhar, Assam, requiring to show cause as to why penalties prescribed in the Rules described in the show-cause itself should not be inflicted upon the petitioner on charges based on the statement of allegations attached to the show cause notice. The said notice had been described as the first show cause notice and is reproduced hereinbelow for an ease of reference:

“OFFICE OF THE SUPERINTENDENT OF POLICE

Memo No. KJR/RO/DP/2016/15441

Dated. 13/09/2016.

To,

UBC/378 Ukhundoi Brahma

of Kokrajhar D.E.F..

Sub:- 1st Show Cause Notice.

Ref: DP. No. 04/2016 of Kokrajhar D.E.F.

You are hereby required to Show-Cause under Sec. 65 of Assam Police Act, 2007 R/W Rule 66 of APM Part-III and Article-311 of the Constitution Of India and Rule 7 of Assam Services (Discipline and Appeal) Rules, 1964 as to why any of the penalties prescribed in the aforesaid rule should not be inflicted on you on the following charges based on the statement of allegation attached herewith.

While you were posted at Police Reserve, Kokrajhar, on 13-07-2016, you were deputed for escort duty under the command and control of ASI Dilip Basumatary to accompany with UBC/373 Sahajahan Ali and 01(one) section of 8th APBn personnel namely (1) Hav Naren Duwarah (2)CN/949 Mridul Kumar (3) CN/11 Nur Alim Ahmed and (4)CN/325 Sanjay Barman of Pln. No.21 camp Police Reserve, Kokrajhar under proper briefing for escort duty of 04(four) nos. UTPs namely (1) Sri Swmla Basumatary @ Sahaithab S/o-Rameswar Basumatary of Vill-14 No.Bishmuri PS & Dist-Kokrajhar (Assam) (2) Sri Rajib Basumatary @ Mirgang S/o-Jishang Basumatary of Vill-Thaisoguri Laimati Dist-Chirang (3) Sri Sanjay Narzary @ N.Saikhlur S/o-SriRoben Narzary of VII- No.2 Tukrajhar Dist- Chirang and (4) Sri Lebao Basumatary @ Lebow @ Lubao S/o-Lt.Gojen Basumatary of Vill-Deoguri PS-Runikhata Dist-Chirang from Dist. Jail Kokrajhar to the Hon'ble Court of Spl. Judge NIA Assam, Guwahati for production vide Memo No.KDJ/2016/820 dtd.09-07-2016 of the Superintendent of District Jail, Kokrajhar. After completion of production procedure before the above mentioned Court all the 04(four) nos. UTPs were to be brought back to District Jail, Kokrajhar. On the way, the escort with UTPs left for Kokrajhar and they stopped