K MALSAWMTLUANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioner and Ms. H. Lalmalsawmi, learned Government Advocate, appearing for the State respondents.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner is seeking setting aside and quashing the impugned order of discharge from service, dated 09.09.2015, issued by the respondent No. 6/the Commandant, 4th I.R. Bn., Luangpawl, Mamit, Mizoram, accepting his voluntary resignation and the rejection of his appeal against the aforesaid order of discharge by the respondent No. 4/the Deputy Inspector General of Police, (Hqrs.), Mizoram at Aizawl.

(3.) The petitioner has contended that on the recommendation of the Selection Board, the respondent No. 5/the Assistant Inspector General of Police- I, Mizoram, by an Order No. E/PHQ/D/13/273, dated 14.05.2007, appointed the petitioner as a Constable in the Mizoram Police Department. After undergoing necessary training, he was attached with the 4th I.R. Bn. under Mizoram Police Department. Thereafter, by an order, under Memo No. 4IR/R/PF/C-38/2509, dated 09.09.2015, the respondent No. 6 accepted his resignation tendered voluntarily under Rule 892 (3) of the Mizoram Police Manual, 2005 treating his preceding period of unauthorized absence from duty w.e.f. 02.09.2015 till the aforesaid date of issue of the discharge Order, dated 09.09.2015 as Extra Ordinary Leave. Against the aforesaid order of discharge from service, the petitioner preferred WP(C) No. 208/2016, which was disposed off vide Order, dated 16.02.2017, by this Court with a direction to prefer an appeal before the appropriate Appellate Authority on or before 15.03.2017, citing his grievances against the impugned order of discharge, dated 09.09.2015. In the aforesaid writ petition, the petitioner took the plea that his discharge from service was invalid and incompetent as he was discharged by the respondent No. 6, who was not his Appointing Authority.