HEISHNAM SHANTIKUMAR SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE petitioner, who was working as Lower Division Clerk( 'LDC' for short) in Ist IRB, Kangla,has filed this writ application challenging the order passed by the Director General of Police, Manipur on 8.1.2007 in Annexure -A/31 removing him from service as well as the order passed by the Principal Secretary (Home), Govt. Of Manipur dt. 7.7.2008in Annexure ­A/35 rejecting his appeal filed against the order of removal from service.

(2.) THE long history of the petitioner's case, as described in the writ petition, need not be dealt with in detail. It appears from the record that the petitioner, while working as LDC in the Ist IRB Kangla, was transferred to Senapati District on attachment basis by order of the Director General of Police, Manipur dated 4.6.2004. Accordingly, he was released from Ist IRB, Kangla by the Commandant of Ist IRB on 10.6.2004 in order to enable him to report in his new place of posting in Senapati district. Since the petitioner did not join, Director General of Police, Manipur again issued an order on 26.10.2004 directing the petitioner to join in the new place of posting in the office of SP, Senapati within three days. Though the petitioner acknowledged receipt of the said order of 28.10.2004, he failed to join. It further appears that the petitioner having failed to join as per order of the DGP dt. 26.10.2004, another order was passed by the DGP on 9.11.2004 asking the petitioner to join the post. In spite of the above two orders of the DGP, the petitioner having not joined the post in Senapati district, a departmental proceeding was initiated against him on the basis of the above allegation and he was placed under suspension.

(3.) THE Enquiry Officer submitted his report finding the petitioner guilty of charge of disobedience of order. On the basis of the said enquiry report, the impugned order of removal from service was passed by the DGP, Manipur. The appeal preferred before the Principal Secretary (home), Govt. Of Manipur was also rejected.