Decided on October 04,2013

Celestine K. Sangma Appellant


- (1.) This appeal is directed against the Judgment and Order dated 23-9-2010 passed by the Learned single Judge in WP(C) No. 255 (SH) of 2007 whereby the writ petition filed by the Respondent No. 1 has been allowed and it has been directed that the writ petitioner (present Respondent No. 1) be reinstated in service. Punishment of removal from service challenged in the writ petition has been quashed. Heard learned counsel for the parties and perused the paper records.
(2.) The brief facts of the case are that the writ petitioner (present Respondent No. 1) entered in the Police service in the State of Meghalaya as Sub Inspector in 1980. He got promoted as Inspector in the year 1995. In 2002, he was posted as Inspector (Traffic In-charge) with Sadar Police Station, Shillong. The writ petitioner has pleaded that he has an unblemished record and that he held many important posts. In the year 2003, he was placed under suspension in connection with a case crime No. 123 (12) 2002 which related to offences punishable under Sections 379, 119, 411, 420, 120B I.P.C. registered at Laitumkhrah Police Station, and departmental enquiry was initiated against him on the following 6(six) charges. The 6(six) charges are being reproduced below: (1) You were the ring leader of a stolen car racket in Meghalaya. (2) During investigation in the Laitumkhrah P.S. Case No. 12(3) u/S. 379 I.P.C., six witnesses gave their statements in Court wherein they stated that you had seized a Bolero and subsequently released the same on payment of Rs. 1,50,000/- only by Shri Wansted Jana. Neither you prepared any seizure list nor was any G.D. Entry made to this effect as per law. (3) On August 2002, A.S.I. B. Rimsu and UBC RR Marak gave their statements in the Court stating that you had asked them to bring one Sumo bearing registration No. ML-08-9129 FROM THE RESIDENCE OF ONE Maila Gurung of Madanrting No. G.D. Entry made by you on the matter nor did you prepare seizure list as per law. (4) On 20.02.2003, a Maruti Car bearing registration No. ML-05 A-8162 which turned out to be a fake number was recovered from the parking lot of Hotel Alpine, Shillong which belonged to one Md. Arshad Hussain of Jamnagar Road, Kolkata. Apparently, you had concealed the same for the purpose of selling. The seizure list was not sent by you to the concerned Magistrate as required under law. (5) On 09.11.2002, you had seized one Tata Indica bearing registration No. JH-11B-0895. It was subsequently ascertained that the vehicle was a stolen one and the original registration No. was MH-12AR-5490, and the same belonged to one Shri Kandoth Thiyarth Mashnan of Yerrawada, Pune. You did not prepare a seizure list as per law. (6) While your involvement in the stolen car racket was being investigated and you were wanted in connection with the same, you remained unauthorisedly absent from duty from 15.02.2003 up to 13.03.2003.
(3.) The writ petitioner gave his reply (copy Annexure 5 to the writ petition) to the charges. After the departmental enquiry was concluded, the Enquiry Officer in his report dated 23-6-2005 (copy Annexure 10 to the writ petition) found the writ petitioner guilty of all the charges except charge No. 1 and charge No. 5. The delinquent officer was served with a copy of the enquiry report who submitted his response on 26-9-2005 (copy Annexure 12 to the writ petition). The Director General of Police vide order dated 25-1-2006 (copy Annexure 16 to the writ petition) awarded major penalty of removal from service against the writ petitioner.;

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