R. LALCHHUANAWMA Vs. STATE OF MIZORAM AND ORS.

JUDGEMENT

(1.) HEARD Mr. N. Sailo, learned senior counsel, assisted by Mrs. Dinari T. Azyu, learned counsel appearing for the petitioner. Also heard Mr. A.K. Rokhum, learned Addl. Advocate General, Mizoram, appearing for the respondents. By this writ petition, filed under Article 226 of the Constitution of India, the petitioner, who was a Constable under 1st BN MAP, has challenged the Enquiry Report dated 1.3.2010 and the order of removal dated 9.3.2010 issued vide Memo No. 21R/RPF/C -466/1G/3155.

(2.) THE petitioner, on being appointed as Constable under 1st Battalion, Mizoram Armed Police, Aizawl, Mizoram, joined the service on 3.4.1992 and worked till his suspension. He absented from duty, without any authority w.e.f. 28.11.2008 to 14.6.2009 (i.e. for 199 days). Despite issuance of several call letters, the petitioner failed to report for duty. Therefore, the disciplinary authority decided to draw a Departmental Proceeding against the petitioner.

(3.) DURING the course of the said proceeding, held on 26.2.2010, the Enquiry Officer examined 2 (two) witnesses. After concluding the enquiry, the Enquiry Officer submitted the enquiry report by forwarding letter dated 1st March, 2010. In the said enquiry report, the enquiry officer held that the charges, brought against the petitioner, regarding his unauthorised absence w.e.f. 28.11.2008 to 14.6.2009, stood proved.