CH MANIHAR SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) BY this writ petition, the petitioner is assailing the portion of the impugned order being No.B -5/2/09 -2MR, Imphal 15.12.2009 passed by the Commandant, 2 nd Bn. Manipur Rifles, Imphal that "he(petitioner) will not get any back wages during dismissal period i.e. w.e.f. 29.4.1986 to 03.05.2009 by upholding the principle of "No Work - No pay."

(2.) HEARD Mr. O. Kiranjit, learned counsel appearing for the petitioner and also Mr. Jagat, learned GA for the respondents. For deciding the matter in issue, it would be appropriate to have a view of the facts leading to the filing of the present writ petition.

(3.) THE brief fact of the petitioner's case is that the petitioner was appointed as rifleman in the year 1974 and posted in the 2 nd Bn. Manipur Rifles, Imphal. While the petitioner was serving as rifleman in the 2 nd Bn. Manipur Rifles, the Commandant, 2 nd Bn. M.R., without following due process of law and in clear violation of natural justice, passed an order dated 29.4.1986 for discharging the petitioner from service on the ground that the petitioner had unauthorisedly absent from duty w.e.f. 27.3.86 to 4.4.86 (Nine days).