# Meghalaya Police personnel v. State of Meghalaya & Ors.

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## Report card

By judgment dated 7 February 2022 in MC (WA) No. 1 of 2022 in WA No. 1 of 2022, the Meghalaya High Court (Coram: Sanjib Banerjee, W. Diengdoh, JJ.) upheld the disciplinary action taken against the Police personnel, Meghalaya Police.

- Register number: ML 00 CW 0001
- Case reference: MC (WA) No. 1 of 2022 in WA No. 1 of 2022 / 2022 LiveLaw (Meg) 3
- Court and date: Meghalaya High Court (Coram: Sanjib Banerjee, W. Diengdoh, JJ.), 7 February 2022
- Officer(s) at the material time: Police personnel, Meghalaya Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Article 311(2)(b) of the Constitution of India
- Finding of the Court (extract): “When a member of the police force was found betraying his own force and supplying information to an extremist outfit that the police organisation was trying to deal with, it was justifiable on the part of the disciplinary authority to …” (at para 15)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://www.livelaw.in/pdf_upload/sanjeeb-ch-marak-vs-state-of-meghalaya-ors-meghalaya-high-corut-409658.pdf); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2022-0001)

**Record:** CW-2022-0001 (compiler id CWC-0271); case NORTHE-012; aliases: CWC-1436
**Title:** Meghalaya Police personnel v. State of Meghalaya & Ors.
**Court:** Meghalaya High Court; judges: Sanjib Banerjee; W. Diengdoh
**Case number / citation:** MC (WA) No. 1 of 2022 in WA No. 1 of 2022 / 2022 LiveLaw (Meg) 3
**Judgment:** 2022-02-07 (2022, day precision)
**Incident date:** 2016-01-15 (2016)
**Place:** Meghalaya; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** Constitution Art 311(2)(b)
**Officers (gated display forms):** Police personnel, Meghalaya Police (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The judgment of the Meghalaya High Court records the following account. \[name withheld\] of the Meghalaya police was summarily dismissed on 15 January 2016 after a confidential report found he had passed information about police operations and movements to the banned Garo National Liberation Army (GNLA) outfit, at a time when the outfit's violence had killed several police personnel; inquiry was dispensed with under Article 311(2)(b). His departmental appeal was rejected in October 2019 and a Single Judge upheld the dismissal in December 2021. A Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh dismissed his writ appeal, holding that when a policeman betrays his force to an outlawed outfit the police were combating, inquiry could justifiably be held not reasonably practicable, and that reasons obvious and apparent satisfy the spirit of Article 311(2)(b).

> When a member of the police force was found betraying his own force and supplying information to an extremist outfit that the police organisation was trying to deal with, it was justifiable on the part of the disciplinary authority to consider it to be not reasonably practicable to afford the writ petitioner an opportunity of dealing with the charge against him in the course of any inquiry.

**Sources (3):** [livelaw.in](https://www.livelaw.in/pdf_upload/sanjeeb-ch-marak-vs-state-of-meghalaya-ors-meghalaya-high-corut-409658.pdf); [livelaw.in](https://www.livelaw.in/news-updates/meghalaya-police-member-passing-info-extremist-outfit-high-court-upholds-removal-inquiry-191873); [barandbench.com](https://www.barandbench.com/news/litigation/spirit-of-article-3112b-complied-with-meghalaya-high-court-upholds-dismissal-of-police-officer-with-terror-links-without-inquiry)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 15
**display title redacted:** Meghalaya Police personnel v. State of Meghalaya & Ors.
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2022-02-07', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Meghalaya High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Meghalaya High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': '2022 LiveLaw (Meg) 3', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://www.livelaw.in/pdf_upload/sanjeeb-ch-marak-vs-state-of-meghalaya-ors-meghalaya-high-corut-409658.pdf', 'link_checked': None}; {'url': 'https://www.livelaw.in/news-updates/meghalaya-police-member-passing-info-extremist-outfit-high-court-upholds-removal-inquiry-191873', 'link_checked': None}; {'url': 'https://www.barandbench.com/news/litigation/spirit-of-article-3112b-complied-with-meghalaya-high-court-upholds-dismissal-of-police-officer-with-terror-links-without-inquiry', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Meghalaya HC dismissed appeal, upholding Art.311(2)(b) dismissal of policeman who fed GNLA; order verified.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

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