R. VANLALMALSAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Victor L. Ralte, learned counsel for the petitioner and Ms. Mary L. Khiangte, learned Govt. Advocate appearing for all the respondents.

(2.) The writ petitioner has filed the instant writ petition challenging the order dated 04.11.2016 (Annexure-7) by which he was removed from service and also the order dated 19.02.2018 (Annexure-10) by which the statutory appeal that he preferred was rejected by the appellate authority.

(3.) Brief facts of the facts is that the petitioner was appointed as a police constable on 17.04.2002 under the 1st Battalion, Mizoram Armed Police. Upon successfully completing the police basic training, he was confirmed in his appointed rank. Sometime in the year 2013, he was transferred to the 5th Indian Reserved Battalion and he was posted at Marpara Police Station. While he was posted there, he was served with a Memorandum of Charge dated 19.08.2016 asking him to submit a written statement of defense within ten (10) days of receipt of the Memorandum and also to indicate whether he desired to be heard in person. The charge against the petitioner as per Article 1 of the Memorandum was that he was found to be absent from the Battalion Headquarter unauthorizedly w.e.f 06.06.2016 although he was instructed to go the place of posting at Marpara Police Station. As per Article 2, the previous punishment inflicted upon the petitioner for his misconduct and indiscipline were reflected. In the enquiry process, an Enquiry Officer as well as the Presenting Officer were appointed and the petitioner participated in the process. After the Enquiry Report was submitted by the Enquiry Officer on 19.10.2016, a Show Cause Notice was issued to the petitioner on 21.10.2016 to show cause as to why he should not be awarded a major penalty in view of the findings made in the disciplinary proceedings. Following the Show Cause Notice, the petitioner was removed from service as already stated herein above.