MD WARISH KHAN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) WITH the consent of earned counsel for both the parties, W.P.(C) No. 811 of 2009 and W.P.(C) No. 687 of 2009 are disposed of by a common judgment and order as a common question of law is involved in both the proceedings.

(2.) THE fact necessary for disposal of the aforesaid proceedings are as follows: In W.P.(C) No. 687 of 2009, it has been alleged that the petitioner Md. Abdul Rahman was initially appointed as a Police Constable in the month of January, 2001. While he was so working as a Police Constable, he participated in a number of counter insurgency operations, and that too, very successfully. His service was recognized for which he was decorated/awarded with the Police Medal for Gallantry by the Government of India. Because of his meritorious service, he was promoted to the post of Head Constable out of turn (O.T.).

(3.) WHILE he was working as a Head Constable of the Imphal East Police Commando Unit to the satisfaction of all concerned, Deputy Secretary (Home), Government of Manipur issued an order on 31.10.2009 whereby the petitioner was dismissed from service and same was done on invoking the provision of Article 311 (2) (c) of the Constitution of India stating that it is not expedient to hold an inquiry in case of petitioner in the interest of security of State.