POTSHANGBAM MANIRATAN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition is directed against the order dated 13.6.2012 issued by the respondent No.2 under Art. 311(2) (c) of the Constitution of India dismissing the petitioner from service by dispensing with enquiry in the interest of security of the State.

(2.) Before proceeding further, I shall straightaway come to the material facts of the case. The petitioner was appointed to the post of Assistant Sub-Inspector of Police (Male/Civil) in the Manipur Police on 26-2-2007 on the recommendation of Class-II DPC, was ranked at Serial No. 4 of the merit list and underwent basic training at the Police Training Centre, Assam along with 54 other recruits. While he was serving as Assistant Inspector of Police, he was conferred many awards for gallant actions and exceptional works including Chief Minister's Police Medal (twice) and President's Police Medal. The fact that he has been given numerous awards and rewards has not been disputed by the State-respondents. He was also paid revised rate of monetary allowance at Rs. 900.00 per month with effect from 3-5-2009 in pursuance of the Government of India, Ministry of Home Affairs/Grih Mantralaya (Police Division-I) with reference to his being awarded Police Medal for Gallantary in connection with FIR Case No. 21(5)09 Sekmai PS U/s 307/34 Penal Code & 20 UA(P) Act. He was promoted to the post of Sub-Inspector of Police along with 169 other Assistant Inspector of Police on the recommendation of the DPC held on 28- 9-2010. According to the petitioner, while conducting counter-terrorism operation in connection with FIR No.29(3)2012 Wangoi PS U/s 307/326/34 IPC, 25(1-C) Arms Act & 20 UA(P) Act, he was wounded by a bullet injury on his right leg and was treated as Emergency Casualty, Shija Hospital, Imphal. It is the case of the petitioner that while he was recuperating from his bullet injury, he was shocked to learn that he has been dismissed from service by the impugned order.

(3.) It is also the case of the petitioner that his antecedent had been scrutinised and verified by the State-respondents before his appointment to the post of Assistant Inspector of Police and again by the Home Department, Government of Manipur and the same had been forwarded to the Ministry of Home Affairs, North East Division, New Delhi and, as such, it is quite shocking that he has been dismissed from service after five years of being verified and cleared of all allegations and, that too, after earning many awards for gallantry including President's Police Medal for Gallantry and two Chief Minister's Medal for Gallantry and good service marks. It is also maintained by the petitioner that in similar cases of police officers, namely, Sub-Inspector L. Sushil of CID (SIB) and ASI Ch. Premjit Singh, having FIR cases against their record, the State - respondents merely suspended them vide the suspension order dated 25-9-2009 while he has been picked and choose for hostile discrimination by dismissing him from service without enquiry. Accordingly to the petitioner, the FIR against these two suspended officers were registered for their acts of commission or omission during the course of their service, but he has been unjustly and unfairly treated for the acts of commission or omission alleged to have been committed by him long before he joined the police force. Challenging the impugned order on the ground of discrimination and being based on extraneous consideration for invoking Art. 311(2)(c) of the Constitution, the petitioner is filing this writ petition for appropriate reliefs.