Commandant, 1st Assam Police Battalion, Ligiripukhuri, Sivasagar, came to be placed under suspension w.e.f. 28.05.2007 on the ground that he had remained unauthorisedly, absent w.e.f. 20.04.2007 to 23.05.2007 i.e. for 33 (thirty three) days. It was further alleged in the said order of suspension that on appearing in the Battalion on 25.05.2007 he had created an uncontrollable scene at his platoon post after consuming alcohol. Accordingly, on 28.05.2007 itself, a Departmental proceeding came to be drawn up against the petitioner for his unauthorized absent as well as for his indisciplined conduct. The petitioner, however, did not respond to the show cause notice as issued to him in the matter and accordingly, an enquiry was ordered. It is seen that the petitioner did not participate in the enquiry proceedings also. Thereafter, enquiry on being concluded, the enquiry officer submitted his report, a copy of which was also forwarded to the petitioner herein. Thereafter, the Disciplinary authority vide an order dated 21.09.2007, by agreeing with the findings as recorded in the enquiry proceedings, proceeded to hold that the petitioner was not fit to be retained in a disciplined force and accordingly, the penalty of dismissal from services came to be imposed upon him w.e.f. 21.09.2007. The period of suspension undergone by the petitioner w.e.f. 28.05.2007 to 20.09.2007, the petitioner was held to be not entitled to receive anything more than the subsistence allowances as authorized to him for the said period.
