- (1.) IN this writ petition, petitioner seeks quashing of order dated 06 -11 -2009 passed by the Commandant, 12th Assam Police Battalion, Jamugurihat in the district of Sonitpur discharging the petitioner from service with immediate effect. Further prayer made is for a direction to the respondents for his reinstatement in service.
(2.) CASE of the petitioner is that he was appointed as Armed Branch Constable on probation in the 12th Assam Police Battalion, Jamugurihat w.e.f. 07 -05 -2008 vide the appointment letter dated 05 - 05 -2008 issued by the Commandant of the said Battalion. Such appointment was made subject to successful completion of basic training. While the petitioner was undergoing basic training, a show -cause notice dated 28 -08 -2009 was issued to him by the Commandant of the Battalion acting as the disciplinary authority. In the said show -cause notice, DP (Disciplinary Proceeding) No.20/2009 was mentioned, perhaps to indicate that the said show -cause notice was in relation to the above disciplinary proceeding. Petitioner was asked to show -cause under Section 65 of the Assam Police Act, 2007 read with Rule 66 of the Assam Police Manual Part -III and Article 311 of the Constitution of India and Rule 7 of the Assam Services (Discipline and Appeal) Rules, 1964. The allegation against the petitioner was that on 15 -08 -2009 at about 3:20pm, he remained absent from the Battalion Head -Quarters unauthorizedly and entered into the house of Havildar Surendra Nath Borah with bad intention and showing indisciplined conduct at public place after consuming liquor. He was accordingly charged with indiscipline and gross misconduct.
(3.) ACCORDING to the petitioner, he had submitted his written statement immediately after receipt of show -cause notice. While denying the allegation made against him, petitioner sought forgiveness and leniency for any act which might have been construed by the authority as an act of negligence or indiscipline.;