LALHMINGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India the petitioner prays far issuance of an appropriate writ for quashing the suspension order dated 4.9.90 and for hiis re-instatement in service.

(2.) I have heard Dr. C.V.L. Auva, learned counsel for the petitioners well as Mr. T. Vaiphei, learned Assistant Advocate General for the State respondents. I have also considered the relevant records.

(3.) The petitioner was appointed as a Grade IV employee in Zirtiri Women's College, Aizawl by an order dated 5.3.86 (Annexure-I) passed by the Secretary of the Governing Body of the said College. The Secretary of the Governing Body is the Principal of the College. The President and, Secretary of this Aizawl; Venglai Club complained to the respondent No.3 Principal & Secretary, Zirtiri Women's College, Aizawl that the petitioner was a liquor and drug addict. Pursuant to a resolution passed by the Governing Body in a meeting held on 4.9.90 the respondent No.3 passed an order dated 4.9.90 (Annexure-2:) placing the petitioner under suspension with effect from 4.9.90. Memorandum of Charge Sheet and the substance of imputations of his misconduct (Annexure-3) dated 18.9.90 were prepared under Rule 14 of the CCS (CCA) Rules, 1965 and were furnished to the petitioner. The petitioner submitted a written statement dated 25.9.90 (Annexure-4) completely denying the charges levelled against him. After conclusion of the inquiry, the Inquiry Officer, a member of the Governing Body of the College, submitted the inquiry report dated 20.8.91 (Annexure-6). The concluding portion of the report reads as under: