LALTHNKHUM KUKI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THIS is an appeal from the judgment and order, dated 6. 12. 04, of the learned single Judge, in writ petition being W. P. (C) No. 1263 of 2000, whereby and whereunder, the learned single Judge dismissed the writ petition filed by the appellant/writ petitioner under Art. 226 of the Constitution impugning the order of his removal/dismissal from service.

(2.) THE facts, in brief, short for details and necessary for disposal of this appeal lie in narrow compass and are as follows : The appellant/writ petitioner joined in service as Rifleman of the 6th Battallion (for short Bn.) Manipur Rifles, and he was serving the said Battallion, since his appointment, till he was suspended, by the authority on the basis of first information report lodged by one L. Henglilal J. C. No. 238 of 6th Bn. M. R. Ukhrul, to the effect that the appellant/writ petitioner (for short delinquent appellant) had killed his own son, Master Kaminthang, aged about 5 years old, on 10. 7. 92, at his rented house at Ukhrul, and that the first information report, was registered accordingly by the Ukhrul P. S. under FIR Case No. 50 (7) 92-UKI PS U/s 302 IPC. After investigation of the aforesaid alleged killing of the son of the delinquent appellant, the concerned police authority, i. e. investigating agency, on 23. 7. 93, filed charge sheet being No. 12 of 1993, but the trial of the aforementioned case is still pending before the Court of learned Sessions Judge, Manipur East. During Pendency of the trial of the criminal case, a disciplinary enquiry was initiated on 2. 8. 98, against the delinquent appellant, to inquire into the killing of his son, by furnishing copies of the charge sheet with the statement of imputation along with list of witnesses and the D. E. memorandum. In support of his defence, the delinquent appellant submitted his written statement denying all the charges levelled against him of killing his son on 13. 1. 99. The Disciplinary authority, i. e. Commandant 6th Bn. M. R. , appointed, on 27. 1. 99, one Shri Gonglin Faumei, Dy. Commandant, 6th Bn. M. R. Ukhrul, as Enquiry Officer, to inquire into the matter relating to alleged misconduct of the appellant/writ petitioner.

(3.) AFTER following the necessary procedures, the Enquiry Officer, after examining 3 (three) prosecution witnesses and the written statement submitted by the delinquent appellant, submitted his report to the disciplinary authority with finding inter alia that the delinquent appellant, namely Rfn. No. 22794 Lalthakum Kuki, committed homicide of his own son, on 11. 7. 92 while he was out of sense and stated in his report at the outset that none of those prosecution witnesses could provide very conclusive evidences in regard to the homicide alleged to have been committed by the delinquent appellant but finally held that the charge brought against the delinquent appellant is proved.