THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 3 ORS
Case at a glance
Provisions considered
Judgment
Advocate for the Petitioner : MS. R CHOUDHURY Advocate for the Respondent : GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA Date : 05-09-2022 ORDER 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. 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. Page No.# 3/3 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
Questions this judgment answers
Which statutory provisions did this judgment involve?
Protection of Children from Sexual Offences Act, 2012 — s. 4.
Which court decided this case, and when?
Gauhati High Court, on 05 Sep 2022. The bench was MICHAEL ZOTHANKHUMA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.