P. AMARJIT SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. HS. Paonam, learned senior counsel assisted by Mr. S. Gunabanta, learned counsel for the petitioner. Also heard Mr. Shyam Sharma, learned G.A. appearing on behalf of all the respondents.

(2.) By this writ petition, the petitioner is challenging the Order dated 30.04.2015 issued by the Commandant, 7th India Reserve Battalion (IRB) by which he has been struck off from the strength of the unit with immediate effect and the period of his absence from 09.11.2013 to 11.11.2014, i.e. 367 days, has been treated as dies-non and the period of his absence for 106 days with effect from 15.01.2015 to 30.04.2015 while he was posted at Lungkao post has been treated as EOL on the basis of no work no pay. It is submitted that the petitioner has been paid his salary with effect from 02.11.2013 to 13.10.2014 and therefore, his unauthorized absence is currently only 11 days.

(3.) It is the further case of the petitioner that the period of absence for 106 days with effect from 15.01.2015 to 30.04.2015 is not included in the charge framed against the petitioner.