LAWS(GAU)-2015-9-139

HARI CHANDRA RAI Vs. STATE OF MIZORAM

Decided On September 30, 2015
HARI CHANDRA RAI Appellant
V/S
STATE OF MIZORAM; COMMISSIONER/SECRETARY TO GOVT OF MIZORAM Respondents

JUDGEMENT

(1.) Heard Mr. Lalchhanliana Khiangte, learned counsel for the petitioner, who submits that the petitioner, who was a Constable in the Mizoram Armed Police was removed by the respondents from service because of unauthorized absence from duty vide 13.10.1997. The petitioner thereafter submitted a statutory appeal dated 2.12.1997. The petitioner thereafter filed an application under the RTI Act in the year 2013 asking as to the fate of his appeal dated 2.12.1997. The petitioner's counsel submits that the State respondents furnished the petitioner with a copy of the rejection Order dated 17.1.2005, whereby his appeal had been dismissed.

(2.) The petitioner thereafter filed W.P.(C) No. 11 of 2014, whereby the petitioner challenged the legality and validity of the Order dated 13.10.1997 removing the petitioner from service on account of unauthorized leave. W.P.(C) No. 11 of 2014 was disposed of vide Order dated 20.6.2014 as follows :-

(3.) In pursuance to the observation of the order dated 20.06.2014 passed in WP(C) No. 11 of 2014, the Deputy Inspector of Police, Mizoram passed an Order dated 13.08.2014. The respondents authorities refused to convert the penalty of removal from service to that of compulsory retirement due to the following reason: