Page No.# 1/19 GAHC010027202025 2026:GAU-AS:9328 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/844/2025 JAHIR ALI AHMED S/O- JAINUR ALI, R/O- VILL- AND P.O- SONARI GAON, P.S- DHING, DIST- NAGAON, PIN- 782123, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HOME, DISPUR, GUWAHATI-6, ASSAM. 2:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI ASSAM. 3:THE INSPECTOR GENERAL OF POLICE NAGAON CAMP AT DIPHU ASSAM. 4:THE SUPERINTENDENT OF POLICE KARBI ANGLONG DIPHU ASSAM Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : GA, ASSAM, Page No.# 2/19 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 23.06.2026 Heard Mr. F. Z. Mazumder, learned counsel, appearing for the petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, appearing for the respondents. 2. The petitioner in the present writ petition has presented a challenge to an order dated 08-06-2024, passed by the Superintendent of Police, Karbi Anglong District, imposing upon the petitioner, penalty of stoppage of 02 (two) annual service increments with cumulative effect, on conclusion of a Departmental proceeding instituted against him. The petitioner has also assailed an order dated 24-01-2025, passed by the Appellate Authority, affirming the penalty as imposed upon the petitioner by the Disciplinary Authority. 3. As projected in the writ petition, the petitioner while serving as a constable and posted at Karbi Anglong, with regard to an allegation arising against him while he was so posted at Khatkhati Police Station, a show-cause notice dated 04-07-2023, came to be issued to the petitioner. The petitioner submitted his show cause reply against the said show- cause notice on 12-07-2023. The contentions raised by the petitioner in the show-cause reply not being found to be satisfactory, the Disciplinary Page No.# 3/19 Authority of the petitioner vide an order dated 16-04-2023, proceeded to place the petitioner under suspension. Thereafter, an enquiry was directed to be held in the matter with regard to the charges leveled against the petitioner vide the show-cause notice dated 04-07-2023. The Enquiry Officer, thereafter, conducted the enquiry and the petitioner is found to have participated, therein. On conclusion of the enquiry, the Enquiry Officer submitted his report and, therein, held the charges leveled against the petitioner to have been established. Vide a communication dated 06-07-2024, the Enquiry Report was forwarded to the petitioner. The petitioner, thereafter, submitted a representation against the Enquiry Report on 11-07-2024. The Disciplinary Authority of the petitioner thereafter, on considering the Enquiry Report and the representation submitted by the petitioner, proceeded to impose upon the petitioner a penalty of stoppage of 02 (two) annual service increments with cumulative effect. It is to be noted that the Disciplinary Authority had concurred with the findings of the Enquiry Officer. The petitioner being aggrieved, submitted an appeal against the order dated 08-06-2024 on 06-11-2024. The Appellate Authority on consideration of the appeal along with the contemporaneous records, proceeded vide order dated 24.01.2025, to reject the said appeal and thereby affirmed the order dated 08-06-2024, Page No.# 4/19 passed by the Disciplinary Authority in the matter. Being aggrieved, the petitioner has instituted the present writ petition. 4. Mr. F. S. Mazumdar, learned counsel for the petitioner, by reiterating the facts noticed, hereinabove, has at the outset submitted that the Enquiry Officer, had proceeded to conclude the charges leveled against the petitioner to have been established, without there being any evidence coming on record to hold the petitioner guilty of the charges leveled against him. 4.1. Mr. F.S. Mazumdar, has submitted that the allegation leveled against the petitioner in the show-cause notice dated 04-07-2023, is to the effect that he had contacted, one Manoj Bordoloi, a constable, who was taking rest in the roadside restroom, over a mobile phone and asked him to go to the Naka. It was further alleged that he had also called NK/429 Mukut Ali, over phone and asked him to allow trucks Nos. NL- 01AD-2272 and AS-11EC-2144, to pass the Naka without checking. It is further alleged that in view of the call made by the petitioner, NK/429 Mukut Ali, had directed the Naka party to let the trucks go as the drivers had given Rs.300/- (Rupees Three Hundred) per truck to them. It is projected that the trucks were allowed to pass the Naka and thereafter, it was revealed that the said trucks were carrying areca nuts. Mr. Mazumdar, Page No.# 5/19 submits that during the enquiry, no material had come on record to establish that the petitioner had, in fact, while he had called NK/429 Mukut Ali, on his mobile, required NK/429 Mukut Ali, to perform an illegal act. He submits that NK/429 Mukut Ali, was called only to wake him up and also to remind him for taking ‘Sehri’ as it was the holy month of ‘Ramzan’. 4.2. Mr. F. S. Mazumdar, submits that in the present case, it is a clear case of no evidence and accordingly, the penalty as imposed upon the petitioner would not mandate an acceptance by this Court. He submits that the said penalty has been so imposed only on the basis of a suspicion raised in the matter by the Enquiry Officer of the petitioner being involved in the act of letting trucks loaded with areca nuts to pass the Naka. 4.3. Mr. F.S. Mazumdar, by referring to the order of the Disciplinary Authority, submits that the said order was so passed on 08-06-2024. However, the Enquiry Report was furnished to the petitioner only on 06- 07-2024. Accordingly, he submits that the said order of the Disciplinary Authority dated 08-06-2024, being so issued prior to the submission of the representation against the Enquiry Report, by the petitioner, the same would mandate an interference. 4.4. Mr. F. S. Mazumdar, submits that the Appellate Authority had failed Page No.# 6/19 to consider the contentions raised by the petitioner in the appeal and also the projections made, therein, with regard to the materials actually coming on record in the enquiry, held against the petitioner. Accordingly, Mr. Mazumdar, submits that the order dated 08-06-2024, passed by the Disciplinary Authority imposing upon the petitioner a penalty of withholding of 02 (two) annual service increments with cumulative effect, would mandate an interference along with the order dated 24-01-2025, passed by the Appellate Authority. 5. Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, appearing for the respondents, at the outset, has submitted that on account of an inadvertent typographical error, the order of the Disciplinary Authority was shown to have been issued on 08-06-2024. However, the said order, in fact, was passed on 25-09-2024. She submits that a perusal of the order dated 08-06-2024, would go to reveal that, therein, it was recorded that the petitioner was forwarded with the Enquiry Report on 06-07-2024, and thereafter, the petitioner had submitted his representation, thereto, on 15-07-2024. She submits that the recording of the said facts in the order of the Disciplinary Authority, would go to reveal that the order was not issued on 08-06-2024. She submits that the date of the order came to be recorded as 08.06.2024, only on account of an inadvertent typographical error and the same would Page No.# 7/19 have no effect on the penalty so imposed upon the petitioner. 5.1. Having made the said submission, Ms. M. Bhattacharjee, submits that the fact that the petitioner had called up NK/429 Mukut Ali, and thereafter, there was in fact an illegal act committed by the members of the Naka party in permitting the truck loaded with areca nuts to pass the Naka, was found to have been established in the enquiry. Accordingly, she submits that the allegation leveled against the petitioner in the show- cause notice dated 04.07.2023, stood established and accordingly, the penalty of withholding of 02 (two) annual service increments with cumulative effect being proportionate to the charges established against the petitioner, the same would not mandate any interference from this Court. 6. I have heard the learned counsel for the parties and perused the materials available on record. 7. This Court at the outset would consider the submission of the learned counsel for the petitioner that the order dated 08.06.2024, passed by the Disciplinary Authority, imposing upon the petitioner penalty of withholding of 02 (two) annual service increments with cumulative effect, was so issued prior to the petitioner being forwarded with a copy of the Enquiry Report. It is projected by the learned counsel that the Enquiry Report was forwarded to the petitioner only on 06.07.2024. Page No.# 8/19 Accordingly, the said order dated 08.06.2024, being of a date prior to the forwarding of the Enquiry report to the petitioner, the same would mandate an interference on the said count itself. This Court had considered the said submission. 8. On a perusal of the order dated 08.06.2024, this Court finds that, therein, there is reference to the 2nd show-cause notice dated 06.07.2024 i.e. the notice by which Enquiry Report was forwarded to the petitioner. The order also records that the petitioner had submitted his reply to the 2nd show-cause notice on 15.07.2024. Accordingly, the said recordings being made in the said order, the order cannot be dated 08.06.2024, and this Court accepts the submission made by Ms. M. Bhattacharjee, that the date 08.06.2024, in the Disciplinary Authorities order was so recorded erroneously, and the date should be 25.09.2024. Accordingly, this Court proceeds to consider the order dated 08.06.2024, with the clarifications as noted, hereinabove. 9. The Disciplinary Authority of the petitioner vide a show cause notice dated 04-07-2023, had instituted a Disciplinary proceeding against the petitioner basing on the following allegations; “On 04-04-2023, SI(UB) Ramen Bordoloi, OC, Khatkhati PS has submitted a written report to the undersigned stating that, on 29-03-2023 from 04:00 PM to 04:00 PM of 30-03-2023, NK/429 Mukut Ali, UBC/201 Nabajyoti Borah, UBC422 Manoj Bordoloi, HG Joydeb Das, HG Gopur Chandra Page No.# 9/19 Das and HG Sanjib Das were detailed for Naka checking duty on NH-39 near SBI Branch, Khatkhati under the leadership of SI(P) Swmdwm Swargiary. He also stated that on 31-03-2023, SI(UB) Nitu! Saikia, who was in Charge of Khatkhati PS, received an information from SDPO, Bokajan regarding transportation of two trucks bearing Registration No. NL-01AD-2272 and AS- 11EC-2144 loaded with dry areca nuts. After received the information, SI(UB) Nitul Saikia had physically checked the vehicle checking register, but, the numbers of both the vehicles were found missing. Thereafter he checked the CCTV footage and found that the vehicles were indeed stopped by Naka party on 30-03-2023 at 03:30 AM and after few minutes, the vehicles were allowed to go towards Bokajan. However, the vehicles were detained at Rangajan under Golaghat PS and recovered 731 bags dry areca nuts. It is further learnt that, on 30-03-2023 at about 03:31 AM you contacted UBC/422 Manoj Bordoloi who was taking rest in roadside restroom, over mobile phone and asked him to go to Naka. You also called NK/429 Mukut Ali over mobile phone and asked him to allow Truck Nos. NL- 01AD-2272 and AS-11EC-2144 to go without checking Accordingly, NK/429 Mukut Ali has directed the Naka party to let the trucks to go as the drivers have given Rs. 300(three) hundred per truck to them. Accordingly, the trucks were allowed to go by Naka party. It is also came to know that the whole conspiracy of extorting money from areca nut loaded trucks was done by you-and-NK/429 Mukut Ali in collaboration with HG Nabin Bordoloi who was posted at Silonijan in EVM security duty under Borpathar PS.” 10. A perusal of the said allegations would go to reveal that a written report was received from the Officer-In-Charge, Khatkhati Police Station on 04-04-2023, inter alia, stating, therein, that on 29-03-2023, NK/429 Mukut Ali, UBC/201 Nabajyoti Borah, UBC 422 Manoj Bordoloi, HG Joydeb Das, HG Gopur Chandra Das and HG Sanjib Das were detailed for Naka checking duty on NH-39 near SBI Branch Khatkhati, under the leadership of SI (P) Swmdwm Swargiari. It is further highlighted that on 31-03-2023, Page No.# 10/19 SI (UB) Nitul Saikia, who was in charge of Khatkhati P.S. received an information from SDPO Bokajan regarding transportation of 02 (two) trucks loaded with dry areca nuts. It is projected that after the said information was received SI(UB) Nitul Saikia had physically checked the vehicle checking register but had found the numbers of both the vehicles to be not recorded, therein. On checking of the CCTV footage, it was found that the vehicles were indeed stopped by the Naka party on 30-03- 2023 at 03.30 a.m and after a few minutes, the vehicles were allowed to go towards Bokajan. However, the vehicles were detained at Rangajan under Golaghat Police Station and recovery of 731 bags of dry areca nuts was made. It was further alleged that on 30-03-2023 at about 03.31 pm, the petitioner had contacted UBC/422 Manoj Bordoloi, who was taking rest in the roadside restroom, over mobile phone, and asked him to go to the Naka. It was further alleged that the petitioner had called NK/429 Mukut Ali, over mobile phone and asked him to allow the truck Nos. NL- 01-AD-2272 and AS-11EC-2144, to go without checking. 11. Accordingly, it is alleged against the petitioner that NK/429 Mukut Ali, had directed the Naka party to let the trucks go as the drivers had given Rs.300/- (Rupees Three Hundred) per truck to them. Accordingly, the trucks were allowed to pass the Naka and it was also revealed that the whole conspiracy of extorting money from areca nuts loaded trucks Page No.# 11/19 was done by the petitioner and NK/429 Mukut Ali, in collaboration with HG/Nabin Bordoloi, who was posted at Silonijan in EVM security duty under Borpothar P.S. The petitioner is not found to be a member of the Naka party, but he is alleged to have entered into a conspiracy with NK/429 Mukut Ali, for permitting the trucks loaded with dry areca nuts, to pass the Naka and such conspiracy is projected to have been so done over the telephonic conversation, the petitioner had with NK/429 Mukut Ali, at around 3.31 a.m. of 30.03.2023. 12. The petitioner submitted his reply to the show-cause notice and, therein, admitted to have had a telephonic conversation with UBC/422 Manoj Bordoloi, on the morning of 30.03.2023, at about 03.31 pm. It was highlighted in the written statement that it was the month of holy ‘Ramzan’ and the petitioner was also at the point of time working under Khatkhati P.S., along with NK/429 Mukut Ali. He submits that NK/429 Mukut Ali being a colleague and a follower of the same religion, who was also fasting, the telephonic call was made to Mukut Ali, only for the purpose of calling him for sharing ‘Sehri’ jointly in the morning prior to day break. It was on the call not being received by NK/429 Mukut Ali, that the petitioner had called UBC/422 Manoj Bordoloi, requiring him to inform NK/429 Mukut Ali. It is further projected that NK/429 Mukut Ali had called back the petitioner and required the petitioner to take ‘Sehri’ alone as he Page No.# 12/19 was busy in executing his assigned duties. The said written statement being filed, the petitioner was placed under suspension w.e.f. 04-04-2023 and a Departmental Enquiry was also directed to be held. 13. The Enquiry Officer during the enquiry had examined 10 (ten) witnesses. The statement of the petitioner was also recorded. 14. A perusal of the Enquiry Report would go to reveal that, therein, the witnesses had stated about the Naka party permitting the vehicles loaded with dry areca nuts to pass the Naka. The witnesses had also stated about the telephonic conversation that NK/429 Mukut Ali had with the petitioner in the matter. However, none of the Departmental witnesses deposing in the enquiry had stated about the exact conversation that had taken place in the matter between the petitioner and said NK/429 Mukut Ali. 15. Manoj Kumar Bordoloi whom the petitioner had called up was also examined as Departmental Witness No.6 in the enquiry. A perusal of the statement made by Manoj Kumar Bordoloi would go to reveal that he had contended that he was detailed for Naka checking duty on 29-03-2023 at NH-39 near SBI Branch along with other police personnel including NK/429 Mukut Ali. He further deposed that after performing Naka duty at about 3.00 a.m. of 30-03-2023, he had gone to sleep at a temporary rest house and then the petitioner had called him on his mobile phone and Page No.# 13/19 asked him what he was doing to which he replied that he was sleeping. The petitioner is projected to also have asked him who was sleeping with him and to this he had replied that he along with NK/429 Mukut Ali and HG Gopur Das, were sleeping. It is further projected that the petitioner had then instructed him to immediately go to the Naka checking point and to wake up NK/429 Mukut Ali and had disconnected the call. Manoj Bordoloi then contended that as he was getting ready to go for Naka checking but in the meanwhile, a call came in the mobile phone of NK/429 Mukut Ali and NK/429 Mukut Ali received the call but he did not tell him who he was talking to. Thereafter, Manoj Kumar Bordoloi deposed that they had performed the Naka duty and then NK/429 Mukut Ali had told them that 02 (two) trucks would be coming from Dimapur, Nagaland side and instructed them to see only the challan and let the vehicles go. The witness UBC/422 Manoj Bordoloi had not deposed with regard to the nature of the conversation which NK/429 Mukut Ali was having over the phone at the relevant point of time. 16. Head Constable Nabin Bordoloi, who was also a member of the Naka party, in his statement as a Departmental Witness No.10, had stated that he had called constable Jahir Ali Ahmed who was then posted in Khatkhati P.S. at around 3.30 a.m. as the petitioner had asked him to wake him up for sharing ‘Sehri’ since it was the month of Ramzan. He Page No.# 14/19 further stated that he had not called him to provide any information regarding the areca nuts loaded trucks. 17. Thereafter, the statement of the petitioner was recorded and the petitioner had stated that he was aware that NK/429 Mukut Ali, along with other police personnel were performing Naka checking duty on 30- 03-2023. He stated that on 30-03-2023 at about 3.00 to 3.30 a.m., he had called NK/429 Mukut Ali over mobile phone but he did not respond, later NK/429 Mukut Ali called him back. He submitted that during their telephonic conversation they had talked about ‘Sehri’ since month of ‘Ramzan’ was going on. Petitioner denied having any knowledge of 02 (two) trucks loaded with timber or dry areca nuts being intercepted in Golaghat district. 18. Basing on the said evidences coming on record, the Enquiry Officer recorded the following findings; “Findings; After careful examination of all the statements of witnesses and the records available in DP file, it is found that on 29- 03-2023 from 04:00 PM to 04:00 PM of 30-03-2023, NK/429 Mukut Ali. UBC/201 Nabajyoti Borah, UBC422 Manoj Bordoloi, HG Joydeb Das, HG Gopur Chandra Das and HG Sanjib Das were detailed for Naka checking duty on NH-39 near SBI Branch, Khatkhati. It has also come to light that on 30-03-2023 at about 03:31 AM, the delinquent, UBC/208 Jahir Ali contacted UBC/422 Manoj Bordoloi who was taking rest in roadside restroom, over mobile phone and asked him to go to Naka UBC/208 Jahir Ali Ahmed also called NK/429 Mukut Ali over mobile phone There is no logical explanation of the phone call made to the Page No.# 15/19 NAKA party early morning just to wake up NK/429 Mukut Ali for "Seheri" and thus his call is suspicious. The delinquent also couldn't produce any defence witness in his favour.” 19. A perusal of the said findings, would go to reveal that the Enquiry Officer recorded that it had come to light that on 30.03 2023 at about 03.31 a.m, the petitioner had contacted UBC/422 Manoj Bordoloi who was taking rest in a roadside restroom, over phone and asked him to go to Naka. It was further recorded that the petitioner had also called NK/429 Mukut Ali over mobile phone. Having recorded the said findings, the Enquiry Officer proceeded to record a finding to the effect that there was no logical explanation of the phone call made to the Naka party early morning just to wake up NK/429 Mukut Ali for ‘sehri’ and thus the call made by the petitioner was suspicious. It was further recorded that the petitioner could not produce any defence witness in his favour. 20. A perusal of the findings recorded by the Enquiry Officer would go to reveal that there was no finding recorded to the effect that the petitioner had actually called up NK/429 Mukut Ali with a view to ensure that the trucks loaded with dry areca nuts was permitted to cross the Naka checking point without any inspection. 21. This Court finds from the findings of the Enquiry Officer that the findings are based not on materials coming on record, but on a suspicion that the petitioner had actually required NK/429 Mukut Ali to facilitate the Page No.# 16/19 passing of the trucks carrying dry areca nuts. 22. This Court has carefully perused the findings recorded by the Enquiry Officer and this Court finds that the said findings do not reveal that the same to be based on any evidences coming on record in the enquiry. It is a settled position of law that the Disciplinary proceedings are of a quasi judicial character and therefore, it is necessary that the Enquiry Officer to arrive at his conclusion on the basis of some evidences, i.e. to say, such evidence which, and, that too, with some degree of definiteness, points to the guilt of the delinquent and does not leave the matter in a suspicious stage, as mere suspicion cannot take place of proof even in domestic enquiries. 23. It is also a settled position of law that, if there is no evidence to sustain the charges framed against the delinquent, he cannot be held to be guilty as in that event, the findings recorded by the Enquiry Officer would be perverse. This Court on a consideration of the materials coming on record in the enquiry and the findings recorded by the Enquiry Officer, thereon, holds that the said findings are perverse, inasmuch as, the findings is not supported by any evidences on record. The findings of the Enquiry Officer with regard to the guilt of the petitioner is found to be based on no legal evidence and the conclusion to be one, which no reasonable man could come to. Page No.# 17/19 24. As noticed, hereinabove, the basic allegation against the petitioner in the show-cause notice dated 04.07.2023, is to the effect that he had called up NK/429 Mukut Ali, and had required NK/429 Mukut Ali to permit the trucks loaded with day areca nuts to pass the Naka without checking the trucks. The said allegation against the petitioner is found by this Court to have not been established and no evidence in the said matter came to be adduced before the Enquiry Officer in the enquiry. The Enquiry Officer is found to have recorded his findings only on the basis of a suspicion existing in the matter against the petitioner being involved in the act of letting the trucks loaded with dry areca nuts to pass the Naka. 25. Accordingly, this Court is of the considered view that the Enquiry Report submitted in the matter by the Enquiry Officer would mandate an interference and accordingly, the same stands set aside. The Disciplinary Authority in its order dated 08.06.2024, having only relied upon the findings recorded by the Enquiry Officer in his Enquiry Report, this Court already having set aside the Enquiry Report, the basis of the Disciplinary Authorities order stands removed. The order dated 08.06.2024, would also mandate an interference and accordingly, the same stands set aside. The order dated 08.06.2024, having been set aside the order passed by the Appellate Authority also being based on the same very Enquiry Report, which has already been interfered with by this Court, would also Page No.# 18/19 mandate an interference and accordingly, the order dated 24.01.2025, also stands set aside. 26. The penalty of withholding of 02 (two) annual service increments with cumulative effect having been set aside, this Court directs the respondent authorities to re-authorize to the petitioner the 02 (two) annual service increments so withheld along with all consequential benefits. The pay of the petitioner be re-fixed after being authorized with the 02 (two) annual increments withheld from him and the arrears of pay now working out be released to the petitioner. The order of penalty dated 08.06.2024, having interfered with, the period of suspension of the petitioner w.e.f. 04.04.2023 to 05.08.2023, would also mandate to be regularized as on duty and the petitioner would be entitled to be authorized his pay and allowances for the said period. Accordingly, the respondent authorities would now authorize to the petitioner his pay and allowance for the period of his suspension w.e.f. 04.04.2023 to 05.08.2023, after deducting the subsistence allowances, if any, paid to him. 27. The arrears of salaries are now becoming due to the petitioner in terms of the directions passed, hereinabove, shall be released to the petitioner within a period of 02 (two) months, from the date of receipt of Page No.# 19/19 a certified copy of this order. JUDGE Comparing Assistant