A LALHMANGAIHA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mrs. Dinari T.Azyu, learned counsel appearing for the petitioner as well as Mrs. Linda L. Fambawl, learned Govt. Advocate appearing for the respondents.

(2.) THE petitioner was appointed as Naik (Operator) vide order dated 08.08.1995, thereafter the petitioner underwent Basic Training at the Police Training Centre, Lungverh, Mizoram and he successfully completed the said training.

(3.) BY order dated 3.11.1997 the petitioner was confirmed in his appointed rank of Naik (Operator) with effect from 17.8.1997. While the petitioner was rendering his service as such, he was detailed to go to Chattisgarh for duty and was released on 26.9.2006 alongwith others vide Order dated 21.9.2006. While stationed at Chattisgarh, the Commandant 2nd IR Mizo Battalion, Barsoor, Chattisgarh vide letter dated 21.11.2006 informed to the Assistant Inspector General -I, Mizoram, Aizawl that the petitioner alongwith two others who were deployed at Sukma, Dantewada District were found to have deserted the camp on the night of 19.11.2006 as reported by the Company Commander of 'E' Coy. Thereafter the Asst. Inspector General of Police -I, Mizoram, Aizawl by letter dated 27.11.2006 informed the Superintendent of Police, Wireless to initiate departmental action against them aiming dismissal from service. By order dated 6.12.2006 the petitioner, in contemplation of a disciplinary proceeding, was placed under suspension with immediate effect by the respondent No.5 Memorandum dated 11.12.2006 was issued wherein it was proposed to hold an enquiry against the petitioner for misconduct or misbehavior and the petitioner was directed to submit a written statement of his defence within 10 days of receipt of the memorandum. The petitioner submitted his written statement on 18.12.2006. Being not satisfied with the reply, enquiry proceeded and Inquiry report was submitted on 7.2.2007. Thereafter, the respondent No.5 issued a Memorandum dated 4.4.2007 proposing imposition of major penalty of dismissal from service upon the petitioner and also giving him an opportunity to make a representation within a period of 15 days from the date of receipt of the memorandum. The petitioner submitted his representation against the memorandum dated 4.4.2007 on 5.4.2007. Thereafter, the respondent No.5 passed the impugned order dated 16.5.2007 by which the petitioner was imposed a penalty of removal from service with immediate effect and his period of absence from duty i.e. desertion from Camp area with effect from 19.11.2006 till the date of issuance of the order was to be treated as 'Not on duty' and he was also not entitled to get any monetary benefit apart from subsistence allowance to which he was entitled to get during his suspension period w.e.f. 06.12.2006 till the date of order.