DHRUBAJYOTI TAMULI Vs. STATE OF ASSAM AND 2 ORS REP BY COMMISSIONER AND SECRETARY TO GOVT OF ASSAM
LAWS(GAU)-2018-4-29
HIGH COURT OF GAUHATI
Decided on April 19,2018

Dhrubajyoti Tamuli Appellant
VERSUS
State Of Assam And 2 Ors Rep By Commissioner And Secretary To Govt Of Assam Respondents

JUDGEMENT

L.S. Jamir, J. - (1.) Heard Mr. SB Sarma, learned counsel for the petitioner and Mr. MR Adhikari, learned Addl. Senior Govt. Advocate for the respondents.
(2.) An FIR was lodged on 03.06.2015 before the Officer-in-Charge, Sonapur Police Station alleging commitment of dacoity and accordingly, Sonapuri PS Case No.158/2015 under Section 397 IPC was registered. In connection with the said complaint, the petitioner along with others was arrested by the police on 03.06.2015. Consequently, the petitioner was thereafter placed under Suspension by the order dated 12.06.2015 issued by the Commandant, 4th APBN, Kahilipara /respondent No.3. While the petitioner was under suspension, the respondent No.3 again passed an order dated 20.06.2015 stating interalia that it was not reasonably practicable to hold an inquiry as the petitioner has already been forwarded to judicial custody in a heinous crime and therefore, the petitioner was dismissed from service w.e.f. 12.06.2015 as per Article 311(2)(b) of the Constitution of India.
(3.) Mr. SB Sarma, learned counsel for the petitioner submits that the present case is squarely covered by the order dated 22.02.2017 passed by this Court in W.P.(C)No.7543/2015 (Himangshu Sharma -Vs.- State of Assam and others).;


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