NGURDINGLIANA SAILO Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C.Lalramzauva, senior counsel assisted by Ms. Abigail Hmingthanpari, counsel for the petitioner. Also heard Ms. Melody L.Pachuau, Govt. Advocate for all the respondents.

(2.) Mr.C.Lalramzauva, senior counsel submits that the petitioner was appointed as a Constable in the 3rd Bn. of Mizoram Armed Police on 16.10.2008.

(3.) The petitioner's case is that on the evening of 27.12.2011, while being posted as a guard at Treasury Square duty post, Aizawl, the Petitioner was overcome with illness and without informing his guard commander he went to a doctor, who had recommended 13 (thirteen) days rest. Thereafter, the Petitioner was served with a Memorandum of Charge wherein 2 (two) allegations were made against him in the Articles of Charge. The Petitioner submitted his written statement of defence in which he had explained the reason for his absence from duty. Inspite of this, a Departmental Enquiry was conducted against the Petitioner and on the basis of the Enquiry Report, the Petitioner was awarded the penalty of removal from service vide the impugned Order dt.16/3/2012.