J. LALRINPUIA (C/NO. 168), S/O. THANZAUVA (L), R/O BUARPUI, AIZAWL, DISTRICT Vs. THE STATE OF MIZORAM REPRESENTED BY THE CHIEF SECRETARY, TO THE GOVT. OF MIZORAM, AIZAWL, MIZORAM,

JUDGEMENT

(1.) HEARD Mr Zochhuana, the learned counsel for the petitioner and Mr Lalsawirema, the learned GA, Mizoram. The facts necessary for disposal of this writ petition are that while posted and functioning as Constable at Chhatisgarh, the petitioner was served with a Memorandum of charges vide No. 21R(Mz)/RO -PF/C - 168/CG/08/163 dated 22.02.2008 and a departmental proceeding was contemplated against him on the following charges: -

(2.) DURING the pendency of above proceeding, the petitioner was again served with another Memorandum of charges vide No. 21R(Mz)/RO -PF/C - 168/CG/08/225 dated 25.03.2008, on the allegation that he was found unauthorized and willful absent from his assigned Sentry duty at Bn.Hqrs. Sukma on the night of 23.03.2008 in between 11:00 to 1:00 PM at Sentry Post No. IV.

(3.) IN due course, the petitioner has submitted replies to the charges brought against him. However, not being satisfied with such replies submitted against the aforesaid Memoranda, a Departmental enquiry was ordered and on the conclusion of the said Departmental enquiry, he was found guilty of some of the charges brought against him and vide Order dated 18.08.2008 at Annexure -VII a penalty in the form of removal from service was inflicted upon the writ petitioner.