LAWS(GAU)-2022-6-102

BEIHAI HLYCHHO Vs. STATE OF MIZORAM

Decided On June 01, 2022
Beihai Hlychho Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) Heard Mr. Victor L. Ralte, learned counsel for the petitioner and Ms. Linda L. Fambawl, learned Government Advocate appearing for all the respondents. None appears for the private respondents despite notice.

(2.) This is the second time the petitioner is before this Court. The earlier writ petition filed by him i.e. WP(C) No. 72/2017 challenging the major penalty imposed upon him and the rejection of his appeal and review petition was disposed of vide Judgment and Order dtd. 1/12/2017 by setting aside the said penalty and rejection orders. However, the respondents were given liberty to initiate fresh proceedings as permissible under law.

(3.) After the writ petition was disposed of in the above manner, a fresh proceeding was drawn up again against the petitioner but the disciplinary authority decided not to proceed any further with the denovo enquiry and discharged the petitioner from the Departmental enquiry. The major punishment imposed upon the petitioner i.e. withholding of 2 (two) years annual increment with cumulative effect was also cancelled and payment of the increment due to the petitioner was directed as well. Accordingly, vide Order dtd. 12/6/2018, the petitioner was granted his increment. The petitioner, thereafter, upon being recommended by the screening committee and by the Police Establishment Board for promotion to the post of Inspector of Police, he was promoted vide Order dt. 4/9/2018 with immediate effect.