SEZOTO CHAKHESANG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A. Zho, learned counsel for the petitioner and also heard Mr. K. Angami, learned Government Advocate for the state respondents.

(2.) The expose of facts leading to the filing of this writ application are that the petitioner was appointed to the post of Constable (GD.) on temporary' basis by the Superintendent of Police, the respondent No.3 by an order dated 16.05.2007. In the year 2009, he completed basic training in Nagaland Police Training College, Dimapur (hereinafter called "NAPTC") and to that effect Commandant, NAPTC had issued completion certificate to the petitioner. Thereafter, he was posted under the respondent no. 3, Kohima for regular duty. He was again deputed for commando training at NAPTC, Dimapur with effect from 03.01.2010 to 03.03.2010 and accordingly, he reported for duty at NAPTC on 03.01.10 but due to health complications, he, with the permission from the Officer -in -Charge of the Training went to Dimapur for consultation in the Government District Hospital, Dimapur where his diagnosis was prolapsed inter vertebral disc (severe lower back pain) and his treatment continued till 30.01.10 and on the very next day he proceeded to NAPTC. But he was not allowed to join the training course stating that he along with some other constables were declared absent from the commando training

(3.) However no official communication was made to him in this regard by the Commandant, NAPTC, Dimapur and he was informed that he would get order from his parent unit i.e. office of the Superintendent of Police, Kohima, Nagaland and accordingly on being approached, the Record Officer of the office of the Superintendent of Police. Kohima, handed over the photocopy on the order passed by the Commandant, NAPTC, Dimapur. After obtaining the order dated 20.1.2010 issued by the Commandant, NAPTC, he, approached the respondent No.3, Superintendent of Police, Kohima requesting him to allow him to perform his duty but his request was turned down and was verbally informed that the matter had already been processed and forwarded to the Director General of Police, Nagaland for necessary action.