S N YADAV Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The petitioner S.N. Yadav, was serving as an A.S.I, in the Police department, but was removed from service vide order dated 6/10//1995 for which he has approached this court for relief by invoking provision of Article 226 of the Constitution of India alleging violation of natural justice etc.

(2.) The factual matrix of the case is as follows. The petitioner claims he was initially recruited as Constable on 6.2.1984, promoted to A.S.I, by respondent No. 2 on 20/4/1989, his service was confirmed on 8/10/1990 in the grade of ASI and his service was regularised in the same grade from 27th November, 1991.

(3.) It is stated that while posted at Sairang Police-Out Post under Bawngkawn Police Station as 2nd O.C. respondent No. 3 directed an inquiry on certain allegations of misconduct against the petitioner and he was put under suspension, memorandum of charges were framed and Enquiry Officer was appointed. On receipt of the inquiry report order of removal was passed illegally on 6.10.1995 by respondent No. 3 Against the said illegal order of removal petitioner preferred his statutory appeal under the rules on 30.10.1995 but the same was kept pending. That in the connected criminal case the petitioner was acquitted. Enclosing the copy of the order of acquittal he submitted representation before respondent No. 2 for his re-instatement in service. He approach this court earlier with a writ petition, W.P.(C) No. 60/2001 as the appeal was not being decided for a direction to consider his representation and for the disposal of the appeal. The appeal was thereafter dismissed on 6th October, 2001 without giving him any relief. Hence he presented this writ petition.