C/N TAKANOMBA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Wati Jamir, learned counsel for the petitioner and Mr. K. Angami, learned Sr. Government Advocate for the State respondents.

(2.) The present petition has been filed seeking for a direction to the State respondents to pay the full salary and other consequential benefits to the petitioner for the period during which the petitioner was under suspension i.e. w.e.f 28/12/2013 to 7/11/2020.

(3.) The case in brief is that, the petitioner was appointed as constable, in the police department in the year 1999 and posted under the establishment of the respondent No.4 i.e. the Inspector General of Police (Int), Nagaland, Kohima. Thereafter, in the year 2008, the petitioner was attached to the Special Branch (Int) Dimapur, and served in that capacity till the petitioner voluntarily retired from service on 6/9/2021. It is the case of the petitioner that while he was posted at Dimapur he used to purchase firewood from the bordering area of Karbi Anglong (Assam) by cash payment as well as by making advance payment to the seller. On 28/12/2013 when the petitioner went to collect firewood at Kania Tokbi Goan from one John Kathar to whom the payment for the firewood was made in advance, an argument ensued as the said John Kathar demanded more money for the firewood. In the midst of the argument, some unknown person, hit the petitioner on his head from behind rendering the petitioner unconscious. It was only when the petitioner came back to his sense he found himself at the Dillai Police Station in Assam. The petitioner also came to learn that a criminal case namely Dillai Police Station Case No. 38/2013 u/s 379/307/34 IPC r/w Sec. 40/41 AFR Act r/w Sec. 25(1-a)/27 of the Arms Act was registered against the petitioner on the basis of the FIR lodged by the said John Kathar alleging that the petitioner and one Islam Choudhury were caught while stealing firewood from Kania Tokbi Goan and the petitioner had opened fire at the complainant and his friends with the intention to kill them.