TAJ UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Sinha, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned Government Advocate, Assam.

(2.) In this petition the petitioner has challenged the impugned order of penalty dated 30.05.2015 by which 2 annual increments of the petitioner have been stopped with cumulative effect from the date of the next increment. The said penalty was imposed on the petitioner after a departmental inquiry was held against him on the charge of uploading certain obscene pictures of a lady constable.

(3.) The petitioner was issued a show-cause notice on 31.05.2014, charging that while the petitioner was posted at No.2 Platoon, Halflong Police Reserve, he had uploaded some obscene photos of one lady constable of the 15th AP (IR) Battalion, Assam Police Reserve in the mobile phone memory card of one constable Iqbal Hussain while he was in bathroom and the said photos were sent through Iqbal Hussain's Face Book account without his knowledge, which has damaged the image of the said lady constable. According to the petitioner, though an inquiry was held in which the said charge was held not proved, disciplinary authority without informing the petitioner conducted another inquiry in which the aforesaid charge against the petitioner was found to have been proved on the basis of which the said penalty was imposed. It has been submitted by the learned counsel for the petitioner that holding of the said second inquiry by not informing the petitioner with reasons thereof when the first inquiry was favourable to the petitioner is illegal.