GOVIND KUMAR BALMIKI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. S. Temjen, learned counsel for the Petitioner, and Mr. V. Zhimomi, learned Government Advocate on behalf of the Respondent nos. 1 to 4.

(2.) The case of the Petitioner in brief is that the Petitioner was appointed as Constable C/N. No. 35109 on 15/12/2000 under the establishment of 3rd NAP Battalion, Tuensang, Nagaland. Thereafter, the Petitioner on 18/12/2002 was transferred on deputation to enable him to report to the Commandant, Special NAP Battalion, Kingsway Camp, Delhi. The Petitioner, subsequent thereto, again was deputed to Kohima, Nagaland, in the year 2003 and was posted to be attached as the HouseGuard of the Director General of Police (DGP), Nagaland.

(3.) The Petitioner's further case is after a lapse of three years, the Petitioner thought of pursuing his service benefits and approached the Respondent Authorities but he was informed that he was not entitled to any benefits for which the Petitioner filed an application under the Right to Information Act, 2005. To the said application of the Petitioner, a reply was sent by the Respondent no. 4 on 22/12/2020, wherein, it was mentioned that the Respondent Authorities, after serving various notices and show-cause notice, dismissed the service of the Petitioner. To the said documents which were furnished under the RTI Act, a document was also furnished which was an Order dtd. 22/12/2020 wherein it was mentioned that the Petitioner was dismissed from service w.e.f. the date of his willful desertion i.e., 16/4/2011 and it was also mentioned that all sums due to the Petitioner shall stand forfeited to the Government of Nagaland. The Petitioner, being aggrieved, has filed the instant Writ Petition challenging the Order dtd. 31/1/2012 and for consideration of the Petitioner's service benefits and other entitlement /pensionary benefits.