MASTER TAREPMENBA JAMIR Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is a writ petition which was filed by one Mr. Tarepmenba Jamir by the father of the present petitioners who was NCO No.10447, Havildar in the 2nd NAP Bn challenging the termination order No. PHQ (B-II)DE/104/2009 dated 2/6/2015 issued by the DGP, Nagaland terminating him from service and order No. POL/1/ESTT/13/2010 dated 29/3/2016 dismissing his appeal filed under Rule 16 of the Nagaland Service (Discipline and Appeal) Rules 1967 issued by the Home Commissioner to the Government of Nagaland and praying for re-instatement to his service.

(2.) While the writ petition was pending, the petitioner Government servant (who shall hereafter be referred to as the deceased petitioner) died on 23/12/2016. Thereafter, his two sons filed an application being I.A(C) No.10(K)/2017 praying for substitution of their names in place of the deceased father. The same was allowed vide order dated 16/3/2017 passed by this Court.

(3.) Heard Mr. Tongpok Pongener, learned counsel for the petitioner at length. Also heard Ms. S. Mere, learned Government Advocate appearing on behalf of the State respondent Nos. 1 to 4. Respondent Nos. 5 and 6 did not appear inspite of notice issued and served to them.