LALREMPUII FANAI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioner and Mr. C. Zoramchhana, learned Additional Advocate General for the respondent Nos. 1 & 2. Also heard Mr. J.C. Lalnunsanga, learned Standing counsel, MPSC for respondent No. 3.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the impugned Order dtd. 30/8/2013 (Annexure-24), by which the disciplinary authority in exercise of the powers conferred by Rule 12 of the CCS (CCA) Rules, 1965 imposed upon her a major penalty of reduction to lower rank and Grade Pay of Rs.6600.00 per month under Rule 11 (vi) of the CCS (CCA) Rules, 1965 for a period of 3 years with cumulative effect while restricting her pay to the amount of subsistence allowance drawn during the suspension period.

(3.) Brief facts of the case essential for disposal of the instant writ petition is that the petitioner who is a State Civil servant and posted as the Director, SIRD, Kolasib at the relevant time was placed under suspension with immediate effect vide Order dtd. 27/11/2009 (Annexure-1) pending drawal of the departmental proceeding against her. Following this, a Memorandum of Charge dtd. 9/4/2010 (Annexure-2) was issued to her, levelling as many as 4 (four) Article of charges upon her, while directing her to submit her written statement of defence within 10 days of receipt of the Memorandum of Charge. Since we are concerned only with the charge under Article II, the same is abstracted hereunder: