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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Nipu Kalita, S/O- Late Jogen Kalita – Appellant
Versus
State Of Assam To Be Represented By The Commissioner And Secretary To The Government Of Assam, Department Of Home – Respondent
ORDER :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. I. Rafique, learned counsel appearing on behalf of the petitioner. Also heard Mr. J. K. Goswami, learned Addl. Senior Government Advocate appearing for all the respondents.
2. The petitioner, by way of instituting the present proceeding has presented a challenge to an order dated 27.06.2023, issued by the Commandant Battalion Training Centre, Assam, Dergaon, imposing the penalty of dismissal of service upon the petitioner. The petitioner has also assailed the order dated 08.11.2023, passed by the Appellate Authority, rejecting the appeal filed by the petitioner and thereby, upholding the order dated 27.06.2023, passed by the Disciplinary Authority.
3. The facts requisite for adjudication of the issue arising in the present proceeding is noticed as below: -
A complaint dated 19.05.2019 was filed by one Shri Shibobrata Nath against the petitioner herein, leveling certain allegations against him before the Secretary, State Police Accountability Commission (herein after referred as the Commission), Assam. The allegations leveled against the petitioner pertains to an incident occasioning on 09.05.2017 when the petitioner along with certain other p
The court upheld the dismissal of a police officer for bribery, affirming that disciplinary actions must be proportionate to the misconduct established.
The court emphasized the limited scope of judicial review in disciplinary proceedings, highlighting the need for compliance with rules of natural justice, the presence of some evidence to support fin....
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