STATE OF MANIPUR Vs. MD JUNAB ALI

JUDGEMENT

(1.) This writ appeal has been filed challenging the judgment and order of the learned Single Judge dated 25.9.2012 in W.P(C) No. 452 of 2009. The respondent was the petitioner in the writ application and the present appellants were the respondents therein. The writ application was filed by the respondent challenging the order dated 25.7.2007 issued by the Commandant, Home Guards(VA), Manipur releasing him from call out duty with immediate effect as his services with the Manipur Home Guard were no longer required. The respondent was appointed as a Home Guard under Section 4 (1) of the Manipur Home Guards Act, 1966 and accordingly it was contended by the learned counsel for both the parties that his case is to be considered in terms of aforesaid Act of 1996 and Manipur Home Guards Rules, 1996 made thereunder.

(2.) The brief facts leading to filing of the writ application by the respondent are as follows: The respondent was initially appointed as Home Guard on 7.3.1980. His case is that he was promoted to the rank of Battalion Commander by an order of the Joint Secretary (Home), Govt. of Manipur on 31.8.1983. The Commandant, Home Guards wrote a letter on 17.7. 2007 to the Inspector General of Police (Ops/HG), Govt. of Manipur wherein it was informed that for appointment of Battalion Commander in the Home Guard Department, the orders are to be issued by the State Home Department. Soon after the above, the Commandant issued an order on 25.7.2007 releasing the respondent from his call out duty. Aggrieved by such order, the respondent submitted a Memorandum to the Chief Minister praying for setting aside the order dated 25.7.2007. He also filed W.P(C) No. 579 before this Court challenging the legality of the said order dt. 25.7.2007. The writ application was disposed of with a direction to the present appellants to consider the representation of the respondent and liberty was also granted to the respondent to file fresh writ application in case further cause of action arises.

(3.) In compliance of the said order passed in the above writ petition, the Director of State Vigilance Commission conducted verification and submitted a report. However, the report submitted to the Home Department of the State Govt. was not accepted on the ground that it had not been done properly. Challenging rejection of the report the respondent again filed writ petition before this Court and ultimately the said writ application was withdrawn with liberty to approach competent authority. The respondent, thereafter, submitted another representation on 20.12.2008 before the Principal Secretary (Home), Govt. of Manipur challenging the order of discharge dt. 25.7.2007, but the said representation was rejected on 1.7.2009. The above rejection order gave rise to the writ petition out of which this appeal arises.