KUMUD CHOUDHURY Vs. THE STATE OF ASSAM AND ORS.
HIGH COURT OF GAUHATI
The State Of Assam And Ors.
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MICHAEL ZOTHANKHUMA,J. -
(1.) Heard Mr. H. Das, counsel for the petitioner. Also heard Mr. D. Nath, counsel for the respondents.
(2.) The petitioner has made a challenge to his dismissal from service vide Order dated 12.10.2007, made in pursuance to a departmental proceeding held against him for unauthorized absence w.e.f. 22.12.2005 to 21.02.2006.
(3.) The petitioner's case is that he was appointed on 07.12.1992, as a Constable in the Assam Special Reserve Force Battalion. However, due to the serious illness of his wife, the petitioner had to leave for his home on 22.12.2005. Though the petitioner had orally requested his Superior Officers for leave, the same not having been given, the petitioner left his post in Nalbalri on the night of 22.12.2005 along with his weapon and 50 rounds of ammunition. The petitioner thereafter, deposited the rifle and the 50 rounds of ammunition on 23.12.2005 morning in Sadar Police Station, Kokrajhar, though he was posted at Nalbari. The petitioner rejoined his post in Nalbari on 21.02.2006. The petitioner was suspended from service w.e.f. 23.12.2005 and Show Cause Notice was issued to the petitioner. The petitioner replied to the same. Thereafter, Departmental Proceeding No. 13/2005 was drawn up against the petitioner, wherein 4 charges were framed against the petitioner.;
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