W. BIRBAL SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order of the learned single Judge dated 15.04.2004 dismissing the writ petition bearing W.P. (C) No. 999 of 2001 filed by the appellant/petitioner challenging the order of the Superintendent of Police, Churachandpur District on 17.01.2001 dismissing him from service as well as the order of the appellate authority, i.e. Dy. Inspector General of Police (Range-III), dated 26.05.2001 rejecting the appeal and confirming the order of dismissal from service. This appeal was heard by a Division Bench and the appeal as well as the writ petition were allowed vide judgment and order dated 5.2.2007. Challenging the said judgment and order, Civil Appeal No. 7807 of 2013 was filed before the Apex Court by the respondents. The said Civil Appeal was allowed and the case has been remitted back to this Court for hearing afresh.

(2.) The appellant/petitioner while serving as Head Constable and posted at Churachandpur Police Station in the year 1998, some arms and ammunitions kept inside Malkhana/Arms Kote were stolen. He came to know about such theft of ammunitions when he opened the Arms Kote on 17.1.1998 for issuing arms and ammunitions to the police personnel. Soon after he came to know about the theft of arms and ammunitions, he lodged a report before the Officer-in-Charge, Churachandpur Police Station, registered as FIR No. 35(1)/98 under section 457/380 IPC. After about 3 years of the occurrence, the Superintendent of Police, Churachandpur issued an order on 13.06.2000 placing the appellant/petitioner under suspension with immediate effect in contemplation of a departmental proceeding. Two article of charges were framed on 21.06.2000 and the appellant/petitioner was directed to submit his written statement of defence. The charges were that while the petitioner/appellant was posted at Churachandpur Police Station as Head Constable between 1997-98, holding the keys of the Malkhana-cum-Arms Kote of Police Station had conspired with Inspector N. Mangi Singh (OC), S.I. N. Subolchandra Singh and Constable No. 2981 L. Ingocha Singh for disposal of Government properties and seized exhibits of FIR cases kept in the Malkhana-cum-Arms Kote and in furtherance of the conspiracy, had caused loss of Government properties mentioned in the said charge. The other charge was that during the aforesaid period and while he was working as such, the petitioner/appellant with an ulterior motive of supporting the armed militants to act against the security had handed over the arms and ammunitions to such militants from Malkhana-cum-Kote by showing a fake burglary allegedly to have taken place on 16.1.98 and that he failed to maintain sincerity, professionalism, integrity, alertness and above all symbol of policeman and conducted himself in a manner unbecoming of a Govt. servant in Police Uniform.

(3.) The Superintendent of Police, Churachandpur District by an order dated 10.07.2000 appointed one Shri Kh. Dhanachandra Singh, MPS, Churachandpur as Inquiry Officer to enquire into the charges framed against the appellant/petitioner but no Presenting Officer was appointed in the departmental enquiry. In the course of enquiry, 7(seven) witnesses were examined and on consideration of their evidence, the Inquiry Officer found the petitioner/appellant guilty of the charges and submitted the report on 10.01.2001. After receipt of the Inquiry Report, the Superintendent of Police, Churachandpur issued the impugned order of dismissal from service on 17.01.2001 and the appeal preferred challenging the order of dismissal from service was also rejected by the Appellate Authority.