Kaladhar Chaubey vs The Union Of India And Ors
2022 Latest Caselaw 4200 Gua

                                                                  Page No.# 1/4

GAHC010088132008




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/4518/2008

            KALADHAR CHAUBEY
            S/O SHARDA PRASAD CHAUBEY R/O. HATHIAR KHURD, P.O. KATIHAR
            KALA, P.S. CHOLAPUR, DIST VARANASI U.P.


            VERSUS

            THE UNION OF INDIA and ORS
            REP. BY THE HOME SECY, GOVT.OF INDIA, NEW DELHI.

            2:THE DY. INSPECTOR GENERAL
             CISF
            N.E.Z
             KOLKATA-17

            3:THE COMMANDANT
             CISF
             UNIT ONGC
             JORHAT.

            4:THE ASSTT. COMMANDANT
             CISF
             UNIT ONGC
            JORHAT


Advocate for the Petitioner   : MS.D SAIKIA


Advocate for the Respondent : C.G.C.
                                                                          Page No.# 2/4

                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                      ORDER

Date : 01-11-2022

Mr. R Mazumder, learned counsel appears for the petitioner while Ms. A Gayan, learned CGC appears for all the respondents.

The petitioner is challenging the impugned order dated 31.10.1996, by which the petitioner has been dismissed from service on the ground that he had a scuffle with a superior officer. The petitioner's case is that on the allegation of having mishandled his superior officer, the petitioner was charged with committing misconduct. Disciplinary proceeding was initiated against the petitioner and an enquiry report was made on 16.09.1996. The petitioner was given a copy of the enquiry report on 04.10.1996 and the petitioner made a reply to the enquiry report on 26.10.1996. However, vide the impugned order dated 31.10.1996, the petitioner was dismissed from service. Though the petitioner has taken a stand that an appeal was filed by him on 05.11.1996, the respondents have taken a stand that no appeal was filed by the petitioner.

The petitioner challenged the impugned dismissal order dated 31.10.1996 by filing a writ petition in the Allahabad High Court vide Civil Misc. Writ Petition No. 10317/1999. The same was dismissed on 15.09.2006 by the Allahabad High Court on account of lack of territorial jurisdiction. The petitioner thereafter has filed the present writ petition on 15.10.2008.

The petitioner was however arrested on 01.03.2011 by the Cholapur Police Station, Varanasi in connection with Crime Case No. 40/2011, later registered on as Special Sessions Case No. 360/2011 under Sections 302/201 of the IPC read with Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention Page No.# 3/4

of Atrocities) Act, 1989 (hereinafter referred to as the SC&ST Act).

On completion of criminal trial, the court of the Additional Sessions Judge, (SC&ST Act), Varanasi vide impugned judgment and order dated 28.11.2013 convicted and sentenced the petitioner to undergo life imprisonment under Section 302 of the IPC with a fine of Rs. 10,000/-, in default to undergo 6 (six) months rigorous imprisonment. He was also convicted and sentenced under Section 201 of the IPC to undergo 3 (three) years rigorous imprisonment with a fine of Rs. 2,000/-, in default to undergo 2 (two) months rigorous imprisonment. The petitioner was also convicted and sentenced under Section 3 (2)(5) of the SC&ST Act to undergo life imprisonment with a fine of Rs. 10,000/- and, in default to undergo 6 (six) months rigorous imprisonment. The sentences were to run concurrently.

The present writ petition was dismissed vide order dated 28.11.2013 due to non-prosecution.

The petitioner being aggrieved by his conviction and sentence in Special Sessions Trial No. 260/2011 by the court of the Additional Sessions Judge, (SC&ST Act), Varanasi preferred Criminal Appeal No. 1082/2014 before the Allahabad High Court and the Allahabad High Court vide judgment and order dated 13.01.2021 set aside the judgment passed by the learned trial court. The petitioner was acquitted and released from jail on the basis of the order passed in Criminal Appeal No. 1082/2014 on 13.01.2021. The petitioner thereafter filed I.A.(C) No. 339/2021 praying for restoration of this writ petition which had been dismissed on 28.11.2013. This Court vide order dated 15.11.2021 restored the writ petition.

The petitioner's grounds of challenge in respect of the impugned order of Page No.# 4/4

dismissal dated 31.10.1996 is that the petitioner had not been provided the documents that were asked for by the petitioner at the time of submission of his written statement of defence. Secondly, one Mr. Santosh Kumar Singh, the colleague of the petitioner who had also been charged with mishandling the same superior officer along with the petitioner and who had been removed from service, was subsequently reinstated by this Court, vide judgment dated 10.05.2018 passed in WP(C) No. 4517/2000. He further submits that no Presenting Officer was appointed in the disciplinary proceeding initiated against the petitioner.

Ms. A Gayan, learned CGC submits that she will produce the translated copies of 7 (seven) documents mentioned in page 32 of the writ petition on the next date.

List the matter on 1st December, 2022.

JUDGE

Comparing Assistant