Page No.# 1/5 GAHC010008852014 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2181/2014 MD. SAYEDUR RAHMAN S/O LT. ABDUL HANIF, VILL. NAGAJAN, P.O. and P.S. KHARUPETIA, DIST- DARRANG, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GHY-6 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-7 3:THE INSPECTOR GENERAL OF POLICE BTAD ASSAM KOKRAJHAR 4:THE SUPERINTENDENT OF POLICE BAKSHA MUSHALPUR ASSA Advocate for the Petitioner : MS.S KHAN, MR. S N AHMED,R. BARUAH,TANZIM L. CHOUDHURY,MR MONZUR K CHOUDHURY,MS.L N CHOUDHURY,MR.R ALI,MS.M DUWARAH,MR.M N CHOUDHURY,MS.M DEORI Advocate for the Respondent : , ,,,,GA, ASSAM Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 16-06-2026 Heard Mr. M.K. Choudhury, learned counsel for the petitioner. Also heard Mr. A. Chakraborty, learned Govt. Advocate, Assam appearing for the respondents. 2. The petitioner, in the present writ petition has presented a challenge to an order dated 07-01-2014 issued by the Superintendent of Police, Baksa, Musalpur dismissing the petitioner from his services basing on his conviction vide judgment and order dated 04- 01-2014 passed by the court of learned Assistant Sessions Judge, Nalbari in Sessions Case No. 42/2012. 3. As projected in the writ petition, an FIR was lodged against the petitioner on 29- 07-2010 by one Malati Kalandi, inter alia, alleging, therein, that the petitioner had raped her. The said FIR was registered as Tamulpur P.S. Case No. 109/2010 under Section 376(2)(a)(i) IPC. The police on conclusion of the investigation submitted charge-sheet against the petitioner under Section 376(2)(a)(i) IPC. Thereafter, trial ensued in the matter. On conclusion of the trial, the court of learned Assistant Sessions Judge, Nalbari vide judgment and order dated 04-01-2014, basing on the evidences coming on record in the trial, proceeded to convict the petitioner under Section 376(2)(a)(i) IPC and sentenced him to undergo Rigorous Imprisonment for 10 years along with payment of fine of Rs. 10,000/- (Rupees Ten Thousand) with default stipulation. 3. In pursuance to his conviction by the learned Trial Court, the Superintendent of Police, Baksa at Musalpur vide judgment and order dated 07-01-2014 proceeded to Page No.# 3/5 dismiss the petitioner from his service on account of the misconduct committed by him which has led to a conviction in a criminal proceeding. The petitioner being aggrieved has instituted the present writ petition. 4. Mr. M.K. Choudhury, learned counsel for the petitioner has submitted that the judgment and order dated 04-01-2014 passed by the court of learned Assistant Sessions Judge, Nalbari in Sessions Case No. 42/2012 was assailed by the petitioner before this Court by way of instituting Criminal Appeal being Crl. Appeal No. 26/2014. This Court vide order dated 30-10-2025, on considering the issues, arising in the said appeal proceeded to interfere with the said judgment and order of the Trial Court and the appellant was acquitted from the charges framed against him under Section 376(2)(a)(i) IPC. Mr. Choudhury submits that the petitioner being imposed with the penalty of dismissal from service only on account of the misconduct which led to his conviction in the criminal case, the said conviction having been interfered in an appeal, the very ground of imposition of the penalty of dismissal from service stood removed and accordingly, the order dated 07- 01-2014 would mandate an interference from this Court. 5. Mr. A. Chakraborty, learned Govt. Advocate, Assam appearing for the respondent submits that the petitioner was removed from his services vide order dated 07-01-2014, only basing on his conviction in the criminal proceeding instituted against him. It is submitted that this Court in an appeal having interfered with the conviction of the petitioner, the order dated 07-01-2014, would mandate interference. However, he submits that the petitioner not being in service w.e.f. 07-01-2014 on account of the imposition of the penalty upon him and presently the petitioner having superannuated from his Page No.# 4/5 services, this Court would be pleased to direct that the petitioner would not be entitled to any arrear salary for the period w.e.f. 07-01-2014 till the date of his superannuation as the petitioner had admittedly not discharged any duties during the said period. 6. I have heard the learned counsel for the parties and have also perused the materials available on record. 7. The conviction of the petitioner by the learned Trial Court vide order dated 04-01- 2014, passed in Sessions Case No. 42/2012, had led to issuance of the order dated 07- 01-2014, imposing upon him the penalty of dismissal from service by invoking the provision of Article 311(2)(a) of the Constitution of India. The conviction of the petitioner having been interfered with by this Court vide judgment and order dated 13-10-2025 in Crl. Appeal No. 26/2014 and having acquitted him from the charges so framed against him in the criminal proceeding instituted, the very basis for issuance of the order dated 07-01-2014 stood removed. Accordingly, the order dated 07-01-2014 being found to have been issued only on account of the conviction in the criminal proceeding instituted against him, on the acquittal of the petitioner by this Court, the said order dated 07-01-2014 would mandate interference. Accordingly, the order dated 07-01-2014 stands set aside. Having interfered with the said order dated 07-01-2014, this Court directs that the petitioner would be entitled to his salaries for the period w.e.f. 07-01-2014 to 30-06-2014. 8. The respondent authorities, accordingly, shall fix the pay of the petitioner as on 07- 01-2014, and thereafter, compute the arrears of pay that would now be receivable by the petitioner till date of his superannuation which had occasioned on 30-06-2014 and release the same to the petitioner within a period of 03 (three) months from the date of receipt Page No.# 5/5 of a certified copy of this order. On the salary of the petitioner being computed and fixed for the period w.e.f. 07-01-2014 to 30-06-2014, the respondent authorities shall prepare pension proposal in respect of the petitioner and submit the same to the office of the AG(A&E), Assam within a further period of 03 (three) months. The office of the AG(A&E), Assam on receipt of the said pension proposal in respect of the services rendered by the petitioner, shall further process the same and disburse to the petitioner his pension and pensionary benefits within a further period of 03 (three) months from the date of receipt of a certified copy of this order. 9. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant