MD. RIJAO HAQUE Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition is directed against the order dated 01.06.2001 passed by the Commandant, 9th Bn., Manipur Rifles, Government of Manipur whereby and where under the petitioner on being found guilty for the charge, was dismissed from service.

(2.) The petitioner while working as Rifleman was put on Departmental Proceeding on the charge that while he was attached with 2 M.R. for undergoing basic training he absented himself from the place of training from 12.05.1995 to 27.06.1995 without any leave or permission from the competent authority.

(3.) The Memorandum of charges along with the documents and also the list of witnesses were served upon the petitioner who, on receiving the same, submitted written statement wherein he admitted the charge. However he was put to departmental proceeding for which an Enquiry Officer was appointed. The Enquiry Officer, having examined the witnesses produced by the department, gave opportunity to the petitioner to adduce evidence but the petitioner did not choose to lead any evidence. However, he submitted certain medical certificates showing his illness during the period of absence. Thereupon, the Enquiry Officer having appreciated the evidences adduced found the charge being proved. While holding so the inquiry officer also took into account the documents submitted by the delinquent but found that it has nothing to do with the charge of leaving the place without any permission.