MANLIAN Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India. The petitioner prays for a writ for setting aside the impugned order dated 5.3.97 removing him from service as well as the order dated 23.6.97 dismissing his appeal and also for reinstating him in service.

(2.) The petitioner was appointed as Constable of Mizoram Police on 11.4.1978 and was confirmed as such with effect from 12.4.1982 (Annexure-I). He was detailed as PSO (Personal Security Officer) to Mr. Rokamlova, the then Speaker of Mizoram Legislative Assembly. Shri Rokamlova for his private work sent the petitioner to Mamit area. At the residence of PU Thianga at Mamit, the petitioner lost his service Revolver with 6 rounds of ammunition on 17.5.96. According co the petitioner, he proceeded to Zawlnuam and there he could realise that his Revolver was missing. He then rushed back to Mamit and made all efforts to trace out the lost Revolver but when it proved futile he lodged a complaint and FIR in the Mamit Police Station on 22.5.96(Annexure-II and III respectively)

(3.) By an order dated 22.5.96(Annexure-W) the Superintendent of Police, Security , Mizoram in exercise of his powers under Section 7 of the TPA, 1961 read with Rule-66 of APM Part-Ill, placed the petitioner under suspension. Departmental proceedings were initiated against him. He was furnished with the memorandum of charge sheet dated 17.7.96(Annexure-V) enclosing therewith the statement of Articles of charges, the statement of imputation of misconduct in support of the Articles framed against the petitionen, the list of documents and the list of witnessses. He was directed to submit written statement of his defence within 10 days and also to state whether he desires to be heard in person. He was also informed that an enquiry will be held only in respect of those articles of charge as are not admitted.