Gauhati High Court
Abdur Rejjak Mondal vs The State Of Assam And 3 Ors on 5 September, 2022
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/3
GAHC010176492022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5786/2022
ABDUR REJJAK MONDAL
S/O- LT. ANOWAR HUSSAIN, VILL- DALAIGAON, UZANPARA, P.O. AND
DIST.- BONGAIGAON (ASSAM)
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, HOME AND
POLITICAL DEPTT., DISPUR, GHY-06
2:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GHY-06
3:THE DY. INSPECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GHY-06
4:THE SUPERINTENDENT OF POLICE
BONGAIGAON
ASSAM
78338
Advocate for the Petitioner : MS. R CHOUDHURY
Advocate for the Respondent : GA, ASSAM
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 05-09-2022 Heard Ms. R. Choudhury, learned counsel for the petitioner, who submits that a Departmental Proceeding was initiated against the petitioner, who was a Police Constable (UBC/163) in the Assam Police.
Due to an allegation that he had raped his minor sister-in-law, aged about 11 years, Bongaigaon P.S. Case No. 550/2019 under Section 4 of the POCSO Act, 2012 was registered against the petitioner. A Departmental Proceeding was also initiated against the petitioner.
The petitioner's counsel submits that the Departmental Proceeding that had been initiated against the petitioner has culminated with the impugned Order dated 04.07.2022 being issued by the respondent No. 4, by imposing the penalty of dismissal from service as per Rule 7 (VII) of the Assam Services (Discipline and Appeal) Rules, 1964.
The petitioner's counsel further submits that the petitioner has filed an Appeal dated 22.07.2022 against the impugned Order dated 04.07.2022 to the respondent No. 3. However, the same has not been disposed of till date. She accordingly prays that a direction may be issued to the respondent No. 3, to dispose of the petitioner's appeal, within a specified time period.
The petitioner's counsel further submits that the criminal case is pending before the Court of the Special Judge, Bongaigaon and that trial is going on.
Page No.# 3/3 Ms. S. Baruah, learned counsel appearing for all the respondents submits that she has got no objection to the prayer made by the petitioner's counsel.
In view of the consent of the parties, the appellate authority, i.e., the respondent No. 3 is directed to take a decision on the petitioner's Appeal dated 22.07.2022 (Annexure-10), within a period of 1 (one) month from the date of receipt of a certified copy of this order.
The writ petition is accordingly disposed of.
JUDGE Comparing Assistant