M. S. DAWNGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioner, who submits that the impugned Office Order dated 08.09.2020, passed by the respondent No. 4 imposing the penalty of removal from service upon the petitioner should be set aside.

(2.) The case in brief is that the petitioner was appointed as Constable in the 3rd I.R. Battalion on 04.08.2009. While the petitioner was posted at Mangaldai, Assam, a report dated 27.03.2014 was submitted by S.I. K. Vanlalsanga, J.A., 3rd I.R. Battalion Headquarter to the Commandant stating that the petitioner had been detailed to go on C.I. Ops. duty at 11:00 PM on 26.03.2014. However, as he entered the Church with his rifle and behaved improperly, he was sent for medical examination. After it was proved that he was drunk, he was detained in the quarter guard. Accordingly, the Commandant was requested to take necessary action in this regard.

(3.) Subsequent to the above, the Commandant of 3rd I.R. Battalion (respondent No. 5) issued a letter dated 28.03.2014 to the petitioner, calling for an explanation as to why he had entered the Church with a service rifle, while under the influence of alcohol and as his behavior was not expected from a member of the force. Accordingly, explanation was called from him as to why action should not be initiated against him.