HAV. ZOTHANZUALA ADVANCE HEADQUARTER, 4TH IR BATTALION LUANGPAWL, MAMIT DISTRICT, MIZORAM Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed against the order dated 24.06.2011 withholding of increment for 2 years with cumulative effect imposed upon the petitioner and against the order passed by the respondent No. 3 upholding the order passed by respondent No. 4. I have heard Mr. Zochhuana, learned counsel appearing for the petitioner and Mr. Aldrin Lallawmzuala, learned Addl. A.G., Mizoram appearing on behalf of the respondents.

(2.) WHILE the petitioner was serving as Havildar in the 4th Battalion a complaint was lodged by the respondent No. 5 against the petitioner that the petitioner has been keeping a woman in the said Battalion Complex in violation of instruction of the superior Officer. The petitioner upon the allegation was suspended by the order passed by the respondent No. 5. A departmental enquiry was contemplated against the petitioner by serving a Memorandum of Charge with a direction to the petitioner to submit a representation statement of defence within 10 (ten) days. The petitioner submitted his Written Statement of Defence denying the allegation made against him. However, the respondent authorities were pleased to proceed with the departmental enquiry and respondent No. 6 was appointed as Enquiry Officer to conduct the enquiry. The Enquiry Officer, on completion of enquiry, came to the conclusion that the charge against the petitioner has been proved. On the strength of enquiry report, a punishment of 'withholding of increment for two years with cumulative effect' was imposed upon the petitioner. Being aggrieved, the petitioner preferred a statutory appeal before the respondent No. 3 and the respondent No. 3 was pleased to uphold the punishment imposed upon the petitioner.

(3.) IN the cited case of 'Salam Kesho Singh -vs - State of Manipur & Ors.', : 2011 (1) GLT 287, it was held as under :