CHONGTHAM TOMBA SINGH Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Ch. Robinchandra, learned counsel for the petitioners and Mr. R.S. Reisang, learned GA for the respondents.

(2.) IT has been submitted that the present writ petition can be disposed of in terms of this Court's order dated 4.12.2014 in WP(C) No. 372 of 2014. Accordingly, the same is disposed of as follows.

(3.) THE petitioners while serving as Riflemen at the relevant time, were posted at the 5th Bn. M.R. at Khongjaron in the Tamenlong District and they were detailed for election duty in the 13th Lok Sabha Election, 1999 of the Outer Parliamentary Constituency in Tamenlong District. On the fateful day of 6.10.1999 while they were on election duty, they were over -powered by a large number of underground militants/extremists with sophisticated weapons after ambushing them in which all the arms were snatched away from them. A departmental enquiry was initiated accordingly and on completion of the departmental enquiry, the petitioners were dismissed from service vide order dated 02.02.2001. Being aggrieved by the aforesaid dismissal order, the petitioners approached the Hon'ble High Court under Article 226 of the Constitution of India challenging the dismissal order on various grounds including violation of the principles of natural justice which was allowed by the High Court. Ultimately, the matter went to the Hon'ble Supreme Court and the Hon'ble Supreme Court vide order dated 27.4.2006 directed holding of fresh departmental enquiry in accordance with law and also directing that the petitioners shall be deemed to be under suspension.