B. HMANGAISANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THIS is an petition under Article 226 of the Constitution of India filed by B. Hmangaihsanga Constable No. 356, 1st I.R. Bn. In the context of his alleged resignation and subsequent orders passed by the appellate authority punishing him with stoppage or three increments with cumulative effect. The petitioners contends there is a case of violation of Articles 14, 16 and 21 of the Constitution of India along with violation of natural of justice etc.

(2.) BRIEF facts are that petitioner being a constable while in service was charged by his senior colleague with the accusation of attempting to steal a shirt. Authorities took steps to lodge a FIR but refrained from doing so as the petitioner offered to resign from his service on condition that no police case will be filed against him. Thereafter, he tendered his resignation which was accepted. Against this acceptance of his resignation later on he filed a writ petition, W.P. (C) No. 73 of 2001, alleging that resignation was submitted under duress. Writ petition was closed with direction to file appeal before higher authority. Accordingly, the appeal was preferred and appellate authority revoked the order of accepting resignation but rendered an order of punishment by with holding his increments for three years with cumulative effect. He was reinstated in service with direction that period of absence will be counted only for the purpose of pensionary benefits. Hence this petition alleging arbitrary action.

(3.) THE contention of the learned Government advocate appearing for the respondents is that the petitioner was guilty of misconduct and there was a semblance of inquiry before accepting the resignation letter and accordingly the punishment was rightly given and there is nothing for the court to interfere.