Procedural fairness in disciplinary proceedings requires an unbiased show cause notice and impartial inquiry, failing which the dismissal may be rendered invalid.

JUDGMENT :

Rajesh Mazumdar, J.

Heard Mr B Chakravarty, learned counsel appearing for the petitioner. Also heard Miss M Bhattacharjee learned Additional Senior Government Advocate, Assam appearing on behalf of the respondents, who has also produced the records of the disciplinary proceedings held against the petitioner.

2. The submissions of the learned counsel have been considered and the records produced have been perused.

3. The writ petition has been filed challenging an order dated 26.12.2023 passed by the Superintendent of Police, Morigaon and the appellate order dated 17.04.2024, passed by the Inspector General of Police (CR) by which the order of the disciplinary authority has upheld the penalty imposed upon the petitioner. The petitioner has also assailed the charge memo, the enquiry proceedings and the enquiry report which was served upon the petitioner by the respondent authorities.

4. The petitioner was arrested in connection with ACB Police Station Case No. 60 of 2023 under Section 120B of the IPC read with Section 7 of the Prevention of Corruption Act, 1988, on 11.8.2023 along with two other persons working in the same department. He was, thereafter, placed under suspension with effect from 11.8.2023 by an order of even date. The petitioner was released on bail by the learned Trial Court on 13.9.2023.

5. On 18.09.2023, the Superintendent of Police, Morigaon, issued the first show cause notice to the petitioner where he was required to show cause as to why any of the prescribed penalties should not be imposed on him on the charges based on statement of allegations, list of witnesses and list of documents enclosed with the show cause notice.

6. The statement of allegations indicated that the petitioner exhibited moral turpitude and failed to uphold integrity and abused his power being a police personnel of a disciplined force. It further stated that the enquiry carried out so far revealed that there is sufficient material to show the involvement of the petitioner in the offence of demanding illegal gratification. His involvement in the investigation of the Lahorighat PS case No. 190/2023 without the knowledge of the office in charge of the Lahorighat PS also exhibited his clear ill intentions. The petitioner filed his reply to the show cause notice on 22.10.2023.

7. The enquiry officer, having conducted the enquiry, had submitted the enquiry report. By the second show cause notice dated 13.12.2023, the petitioner was served a copy of the enquiry report requiring him to show cause against the findings. The disciplinary authority had recorded that on perusal of the findings, it was noticed that the charges of gross misconduct, indiscipline act and dereliction of duty are proved and hence the petitioner was liable for punishment.

8. The petitioner, thereafter, filed his representation which was received by the disciplinary authority on 16.12.2023 and by the order dated 26.12.2023, he was dismissed from service with immediate effect.

9. An appeal was preferred to the Inspector General of Police, Central Range, Nagaon, Assam on 25.1.2024, which came to be dismissed by the order dated 17.4.2024.

10. The petitioner is now before the court with the prayers as referred to in the preceding paragraphs of this order.

11. The learned counsel for the petitioner has based his arguments on the grounds of bias and has submitted that the departmental proceedings had been conducted with a predetermined outcome regarding the guilt of the petitioner. He has submitted that such enquiry proceedings