MD. ITOJ ALI Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) Heard Kh. Mani, learned Senior counsel assisted by Mr. M. Rakesh, learned counsel for the petitioner. Also heard Mr. R.S. Reisang, learned Senior G.A. for the respondents.

(2.) In this writ petition, the petitioner has sought for setting aside the dismissal order dated 27.09.1999 primarily on the ground that the criminal case relating to which he was also proceeded in a departmental enquiry and after which he was dismissed from service, was subsequently closed by acquitting him, entitling him to be reinstated in service.

(3.) The brief facts of the case as may be relevant may be stated as follows. The petitioner at the relevant time was serving as a Rifleman in the 1st Battalion, Manipur Rifles having been appointed in the year 1985. While he was assigned the duty as one of the members of the escort contingent of the Hon'ble Chief Minister, Manipur, he was charged with committing offences u/s 452/397/326 IPC & 25(1 -B) Arms Act and an FIR case was registered against him being FIR No. 87(4) 97 City P.S. In the complaint filed before the police which led to the registration of the aforesaid FIR case, the complainant who was a doctor had alleged that on 09.04.1997 at about 7.30 p.m. while he was inside his clinic, two persons came to his clinic, one of whom was identified to be the petitioner who got treatment from his clinic and thereafter, left the clinic. After some time, these two persons entered the pharmacy attached to the clinic and asked the 72 years old father of the complainant to give medicine which the complainant wrote on the prescription note. Suddenly, the petitioner pounced on the complainant's father with a small arm and boxed on his mouth, upon which his father cried out for help. In the meantime, the petitioner drew out the drawer in the pharmacy and took out the bundle of money and ran away. As a result of the said assault, his father lost 5 teeth. The local people who were present there pursued the two persons and one of them i.e., the petitioner was caught with one fire arm by the police who were on duty near the Assembly Road crossing and also the stolen money amounting to Rs. 8,660/ - (Rupees eight thousand six hundred and sixty) were recovered from his possession. Thereafter, a departmental enquiry was initiated against the petitioner in connection with the aforesaid incident. The Memorandum of Charges along with the list of documents and witnesses by which the articles of charges were to be proved were furnished to him. The petitioner submitted his written statement of defence. Thereafter, the departmental enquiry was held by giving him full opportunity of defending himself. On conclusion of the enquiry, the Enquiry Officer submitted the report holding the charges against him proved. A copy of the enquiry report was furnished to him and was given the opportunity of submitting his representation against the findings. The Disciplinary Authority after considering the representation of the petitioner, imposed the penalty of dismissal as he was found to have committed gross misconduct by the aforesaid acts, vide order dated 27.09.1999 issued by the Commandant (Ops -I), 1st Manipur Rifles.