MALSAWMLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THE petitioner, who at the relevant time was a constable with the 3rd Battalion, MAP, seeks to invoke the writ jurisdiction of this Court for redressal of his grievances consequent upon his removal from service as a disciplinary measure.

(2.) I have heard Mr. S.N. Meitei, learned counsel for the petitioner and Mrs. Dinari T. Azyu, learned Govt. Advocate, Mizoram for the respondents.

(3.) THE petitioner submitted written statement denying his involvement in the aforementioned police case. While asserting that he had been rendering his services to the best of his ability, he stated that on 09.11.2002 there was a quarrel between his friend C/604 Edenth-armawia and Biakmunga and that on the next day in the morning, he alongwith Edenthar-mawia and C/706 Lalnunhlima had visited the house of Biakmunga to enquire about the happenings. THE petitioner contended that on their visit, Biakmunga suddenly attacked Edenthar-mawia and dealt fist blows on him for which, the latter started to bleed through his nose. THE petitioner admitted his intervention to separate the two, however with the intention of pacifying them. THE disciplinary proceeding was continued thereafter and an Inquiry report was submitted on 03.03.2003 by the Asstt. Commandant, 3rd, MAP, the Inquiry Officer holding that the charge was proved. THE order of removal dated 04.07.2003 passed by the Commandant, 3rd MAP, Aizawl followed, he, as the disciplinary authority agreed with the ultimate conclusion of the Inquiry Officer. THE petitioner thereafter preferred two appeals dated 05.03.2004 & 01.07.2004 before the DIG (Range), Mizoram Police General Headquarters, Aizawl which were eventually dismissed on 27.05.2005. THE petitioner has also brought on record the order dated 28.06.2004 passed by the Magistrate, 1st Class, Aizawl in West Phaileng P.S. Case No.25/2002 disposing of the same by compounding the offences involved.