JOHN VANLALA Vs. STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India for issue of an appropriate writ of direction quashing the order dated 5.8.1974 passed by the Inspector General of Police, Nagaland, terminating the services of the Petitioner.

(2.) THE facts of the case may briefly be stated. The Petitioner was appointed as a Constable Writer in and establishment of and Commandant, 2nd Battalion, Special Nagaland Armed Police, Mokokchung with effect from 28.2.66 by Commandant of the aforesaid Battalion. The appointment was purely temporary and could be terminated at any time after giving a 30 days notice from either side. Before he was appointed as such, the Petitioner was in the Indian Army. The Petitioner was discharged from, the Army in the year 1966 but no date of discharge is given in the petition. But in and counter of the Respondents, it is stated that the date of discharge was 9.3.66. Be that as it may the Petitioner was serving as a Constable Writer with effect from 28.2.66 as stated above. And Petitioner was again appointed as, Havilder on 15.3.66 within a month of his appointment as the, Constable Writer. Thereafter, on 21.1.70, the Petitioner was appointed to and post of. Sub -Inspector on promotion and was attached to the 4th Nagaland Armed Police Battalion, Thizama. However, under an order dated 5.8.74, the Inspector General of Police terminated the service of the Petitioner. The order of termination runs as follows:

(3.) THE learned Advocate General, Nagaland, has submitted that the impugned order was a termination simpliciter and as such, there was no violation of Article 311 of the Constitution and the principles of natural justice and that the 30 days notice, was not required to be given to and Petitioner.