GAHC010180892020 2025:GAU-AS:10003 IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

W.P.(C) NO.5460 OF 2020 Sri Upendra Nath Sarmah, S/o- Late Sashidhar Sarmah, R/o- Prafulla Enclave, Flat no.5/E/3 Namghar Path, Panjabari, Guwahati, Dist- Kamrup(M). …….Petitioner -Versus-

1. The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Home Department, Dispur, Guwahati-781006, Kamrup(M).

2. Director General of Police, Assam, Ulubari, Guwahati, Assam.

3. The Special Director General of Police (Border), Assam, Srimantapur, Bhangagarh, Guwahati-32.

4. Deputy Inspector General of Police (CR)

Diphu, Karbi Anglong, Assam.

5. Superintendent of Police (Border), Srimantapur, Guwahati-781032.

6. Superintendent of Police, District- Nagaon, PIN. No. 782001.

…….Respondents – B E F O R E –

HON’BLE MR. JUSTICE KAUSHIK GOSWAMI For the Petitioner(s) : Mr. S. Borthakur, Advocate.

For the Respondent(s) : Mr. J.K. Goswami, Additional Senior Government Advocate, Assam.

Date of Hearing : 22.07.2025.

Date of Judgment : 22.07.2025.

J UDGMENT & O RDER (ORAL 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 to his successor at the time of handing over the charge of Dhing P.S. Accordingly, the petitioner was charged with misconduct and gross negligence of duty. Thereafter, the petitioner submitted his written statement on 10.12.1999, wherein he denied the allegation and requested to exonerate him from the charges leveled. Thereafter, a disciplinary proceeding was held by the enquiry officer, and after completion of the same, the enquiry officer submitted its report. Thereafter, the disciplinary authority, i.e., the Superintendent of Police, Nagaon, Assam, after perusing the findings submitted by the enquiry officer, found him guilty of the irregularities charged and accordingly, by order dated 24.05.2000, awarded the penalty of stoppage of 2 (two) annual increments with cumulative effect. It is the specific case of the petitioner that the enquiry was held in his back, and he had no knowledge of the disciplinary proceedings, and that prior to his retirement on 31.01.2020 as Inspector of Police, Border Branch, Assam, upon receiving the letter dated 13.01.2020, issued by the respondent No.5 whereby the annual service increment of the petitioner was regularized with an endorsement in Clause 2 that pay raised from Rs. 5080/- to Rs.5200/- w.e.f., 01.07.2002 instead of Rs.5375/- as he was awarded the subject penalty in connection with Departmental Proceeding No.12/1999 vide D.O. No.1725 dated 24.05.2000, he for the first time learned that he was awarded the aforesaid punishment. Accordingly, the petitioner preferred an appeal before the DIG (CR), Diphu, being the appellate authority against the aforesaid order; however, the same was rejected by order dated 20.09.2020. Situated thus, the present writ petition