DINESH CHANDRA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge in the present writ application is against an order dated 28.04.93 removing the petitioner from service. The petitioner, at the relevant point of time, was working as a Constable in the 4th Assam Police Task Force Battalion with its headquarters at Howly in the Barpeta district of the State of Assam.

(2.) Prior to the order of removal passed against the petitioner, a disciplinary proceeding was initiated against him by a charge memo dated 20.07.92. The essence of the charge levelled against the petitioner is his wilful absence from duty/desertion with effect from 23.11.91. The disciplinary proceeding against the petitioner was conducted and concluded ex parte and it is on the basis of the report of the Enquiry Officer, copy of which was not furnished to the petitioner, that the eventual order of removal order was passed by the authority.

(3.) The pleaded case of the petitioner appears to be that he had gone to his native place on 23.11.91 by taking casual leave for one day. However, he suddenly fell ill and as the illness required his treatment in the Mental Hospital at Tezpur, he remained in the said hospital as an indoor patient with effect from 28.11.91 for about 6 months. According to the petitioner, he was discharged from the Mental Hospital at Tezpur after 6 months whereafter, again, he was required to visit the hospital on two occasions, once on 20.08.92 and next on 07.09.92. It is only thereafter that he was certified by the doctor of the Mental Hospital to be fit to resume duties. According to the petitioner, he reported for duty after being declared fit for resumption of duties but he was not allowed to perform any duty and it is only thereafter that he could come to know of the disciplinary proceeding initiated against him and the ex parte order dated 28.04.93. According to the petitioner, on receipt of the order of removal dated 28.4.93, he had requested the authority to review the said order which was refused by another order passed on 08.07.94. Thereafter, the petitioner filed an appeal before the Director General of Police against the order dated 28.04.93 removing him from service. The petitioner has averred that the said appeal has been kept pending and no final order on the same has been passed till the date of filing of the writ petition. It is in the aforesaid circumstances that the present writ application has been filed calling into the question the order dated 28.04.93 removing the petitioner from service.