YANPOTHUNG LOTHA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 20/04/2012 (Annexure -G) by which invoking the provisions of Rule 7 of the Nagaland Services (Discipline and Appeal) Rules, 1967, he has been imposed with the penalty of removal from service with immediate effect. From the materials on record, it appears that the petitioner was taken up for a departmental enquiry vide Annexure -C Memorandum dated 29/11/2011 under Rule 9(2) of the aforesaid Rules. Along with the Memorandum, statement of Article of Charges framed against him had also been furnished, which is quoted below:

(2.) AS recorded in the said show -cause notice, the provisional decision was arrived at after a careful examination of written statement of defence and the documents on record. There was no mention of any enquiry proceeding and the report thereof. Presumably for this reason, the petitioner could not be furnished with the copy of the enquiry report.

(3.) BEING aggrieved by the order of removal from service, the petitioner submitted a review petition for reviewing the order of penalty but the same was also rejected vide the Annexure -L letter dated 29/11/2012.