Gauhati High Court
Shrawan Kumar Jha vs The State Of Assam And 5 Ors on 26 October, 2021
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GAHC010176112021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5613/2021
SHRAWAN KUMAR JHA
S/O- LT. SURENDRA JHA, R/O- KALIBARI, RAILWAY COLONY, QUARTER
NO. DS- 91/A, POLICE STATION- LATASIL, DIST.- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
TO BE REP. BY THE PRINCIPAL SECY. TO THE HOME AND POLITICAL
DEPTT., GOVT. OF ASSAM, DISPUR, GHY-06, ASSAM
2:THE SECRETARY TO THE GOVT. OF ASSAM
HOME (A) DEPTT.
DISPUR
GHY-06
ASSAM
3:THE SECRETARY TO THE HOME AND POLITICAL DEPTT.
GOVT. OF ASSAM
DISPUR
GHY-06
ASSAM
4:DIRECTOR GENERAL OF POLICE
GOVT. OF ASSAM
ULUBARI
GHY-07
ASSAM
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5:SUPERINTENDENT OF POLICE
DIMA HASAO DISTRICT
CUM DISCIPLINARY AUTHORITY
HAFLONG
DIMA HASAO
ASSAM
PIN- 788819
6:THE DY. SUPERINTENDENT OF RAILWAY POLICE (HQ)
CUM ENQUIRY OFFICER
PANDU
GHY-12
ASSA
Advocate for the Petitioner : MR I RAFIQUE
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT
Date : 26-10-2021
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
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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 -vs- State of Assam reported in 2020 (5) GLT 322 wherein in
paragraph-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 paragraph 8, 9 and 10 in Nipu Kalita
(supra) which has been rendered by following the earlier judgment of this Court
in Babulal Das -vs- State of Assam & Ors., reported in 2004 (2) GLT 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.
7. Mr. T.C. Chutia, learned Additional Senior Government Advocate is provided
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with the copy of this order so as to communicate the same with the disciplinary
authority.
Writ petition stands allowed as indicated above.
JUDGE
Comparing Assistant
