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2021 DIGILAW 620 (GAU)

Shrawan Kumar Jha v. State of Assam

2021-10-26

ACHINTYA MALLA BUJOR BARUA

body2021
JUDGMENT : 1. Heard Mr. I. Rafique, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Additional Senior Government advocate for the respondents. 2. The petitioner who is an Assistant Sub-Inspector of Police and is presently as the In-Charge of Khepre PP at Dima Hasao district is aggrieved by the notice dated 17.10.2021 of the Disciplinary Authority-cum-Superintendent of Police, Dima Hasao, Halflong. By the said notice in respect of the disciplinary proceeding drawn against the petitioner, the disciplinary authority had provided that it was in agreement with the findings of the enquiry report submitted by the enquiry officer in the disciplinary proceeding and accordingly, required the delinquent to show cause against any proposed action to be taken. 3. Mr. I. Rafique, learned counsel relies upon a pronouncement of this court in Nipu Kalita v. State of Assam, (2020) 5 Gau LT 322 wherein in paragraphs 8, 9 and 10 it has been provided that after submission of the enquiry report by the enquiry officer, there is a requirement under the law to enable the delinquent to show cause against the findings of the enquiry officer, over and above the requirement to enable him to show cause against any proposed punishment As the impugned notice dated 17.10.2021 does not provide the petitioner with such opportunity, the same is assailed in this petition. 4. We have perused the provision in paragraphs 8, 9 and 10 in Nipu Kalita (supra) which has been rendered by following the earlier judgment of this court in Babulal Das v. State of Assam, (2004) 2 Gau LT 259. The proposition laid down makes it explicit that there is also a requirement under the law to enable the delinquent to show cause against the findings of the enquiry report over and above to show cause against the proposed punishment. As the impugned notice dated 17.10.2021 does not provide the petitioner with such opportunity, we interfere with the same on the aforesaid limited ground. 5. However, we also direct the Disciplinary Authority and the Superintendent of Police to issue a fresh show cause notice to the petitioner enabling him to show cause against the findings in the enquiry report over and above the proposed punishment, i.e., to be taken. 6. The show cause notice be issued to the petitioner within a period of one month from the date of receipt of this order by the disciplinary authority. 6. The show cause notice be issued to the petitioner within a period of one month from the date of receipt of this order by the disciplinary authority. 7. Mr. T.C. Chutia, learned Additional Senior Government Advocate is provided with the copy of this order so as to communicate the same with the disciplinary authority. Writ petition stands allowed as indicated above.