NIKHIL KUMAR DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner seeks to assail the order dated 12th December, 2003 passed by Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 3043(C)/2000.

(2.) ACCORDING to the Petitioner he was working as O.I.C., Jujumara Police Station in the year 1991 and was investigating into a murder case bearing P.S. Case No. 53/1991. In course of investigation he arrested some persons including one Susil Kumar Bag and brought them to the Police Station for interrogation. After interrogation they were released from custody on 22nd September, 1991. It appears that Susil Kumar Bag thereafter was admitted in the Headquarters Hospital, Sambalpur and died on 23.9.1991. It was alleged that the said Susil Kumar Bag succumbed to the injuries caused to him while he was in police custody consequently a case was lodged against the Petitioner for commission of offence under Section 302 I.P.C. and the investigation was handed over to Crime Branch. After investigation the Crime Branch submitted Final Form which was accepted by the Court and the matter was dropped.

(3.) THE specific case of the Petitioner before the Tribunal was that adequate opportunity was not granted to him to meet the charges and that the report of the Enquiring Officer along with the supporting documents were not served upon him, consequently he was prejudiced and could not submit proper reply to the second show cause notice. Even otherwise it is stated that the conclusions arrived at by the Enquiry Officer and the punishment imposed being disproportionate to the charges levelled, the same should be set aside.