BHUBON SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Kh. Tarunkumar, learned counsel appearing on behalf of the petitioner and Mr. Jagjit, learned Additional G. A. appearing on behalf of the Government respondents.

(2.) THE petitioner, who was serving as a Rifleman being No. 9750 of the 9th Battalion, Manipur Rifles, Government of Manipur, has filed this writ petition praying mainly for quashing the order of the Commandant of 9th Bn. , Manipur Rifles dated 12. 1. 2001 and the order of the Deputy Inspector General of Police (Ops.-II) Manipur dated 28. 3. 2001 by which, inter-alia, the petitioner was dismissed from his service and his appeal as against the said dismissal order was rejected respectively. According to the petitioner, the impugned dismissal order, dated 12. 1. 2001, was based on findings of the inquiry proceeded as against him and others and the said inquiry was proceeded illegally and in-violation of the principles of natural justice and as such the impugned dismissal order passed on the said findings in the said inquiry and the impugned order dated 28. 3. 2001 rejecting the appeal filed as against the said dismissal order are not sustainable in the eyes of law.

(3.) ON perusal of the relevant Departmental inquiry file being DE-12/99 - 9 MR which has been submitted to the Court by the learned counsel appearing on behalf of the Government respondents, it is ascertained that no Presenting Officer was appointed by the concerned authority during the inquiry. The division bench of this Court, while disposing of the W. A. No. 267/2002 and many other analogous appeals on 18. 4. 2005, held at para 7 of the judgment as follows :