TSUKJEMWATI AO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioner is a dismissed constable, Driver of the 2nd NAP Battalion, Alichen, Mokokchung, Nagaland. The petitioner along with others were deputed to Delhi for a period of three years. The petitioner was assigned the duty of driving a Mahindra Pick Up to distribute food/ration to the jawans of NAP who were on duty at various parts of Delhi City. On 12-01-2009, the petitioner after completing his duty, returned to the camp at around 11:00 A.M and on reaching the barrack, the petitioner heard some voices coming from the Deputy Commandant's Office. He, therefore, went towards the office to inquire about the same where he saw a big mob of jawans arguing with the Deputy Commandant. The said mob allegedly assaulted the Deputy Commandant and also ransacked his office by way of breaking furniture etc. As such, the incident was brought to the notice of the Commandant 2nd NAP Battalion, Alichen by W.T. Message dated 12-01-2009. The said W.T. Message was followed up by another letter dated 14-01-2009 written by the Deputy Commandant to the Commandant 2nd NAP Battalion, wherein, a detailed report was made about the said incident. Another report was also made by the Deputy Commandant by a communication dated 17-01-2009. Thereafter, a preliminary inquiry was held and the Commandant 2nd NAP Battalion submitted its report on 27-01-2009.

(2.) The respondent No. 3, thereafter, passed an order dated 19-02- 2009 by which the petitioner was placed under suspension on disciplinary ground with effect from 19-02-2009. The respondent No. 3 again issued a memorandum dated 18-03-2011 proposing to hold an inquiry against the petitioner. The said memorandum was served to the petitioner along with a direction to submit written statement of defence within ten days after receipt of the memorandum. The said memorandum contained the statements of articles of charges and the statement of imputation of misconduct/misbehavior in support of the articles of charges. The petitioner submitted his written statement of defence denying the allegations leveled against him.

(3.) By an order dated 13-04-2011, the Inquiry Officer and the Presenting Officer was appointed. Thereafter, the departmental proceeding proceeded and the Inquiry Officer submitted his final report on 23-08-2011. On the basis of the inquiry report, the disciplinary authority passed the impugned order dated 18-08-2012, dismissing the petitioner from service with immediate effect. Being aggrieved, a statutory appeal was filed before the respondent No. 2 on 18-03-2013. The said appeal was disposed of by an order dated 08-04-2013 upholding the dismissal order issued by the disciplinary authority. Being aggrieved, the present writ petition.