SH. BEIHAI HLYCHHO Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is a writ petition praying for quashing and setting aside the Enquiry Report dated 9.3.2013 submitted by the SDPO, Lawngtlai and the Order dated 31.07.2014 passed by the Superintendent of Police, Saiha District, Saiha based on the Enquiry Report and the Order dated 28.10.2014 passed by the Deputy Inspector General of Police (Southern Range), Mizoram rejecting the appeal of the petitioner and the Order dated 18.11.2015 passed by the Director General of Police, Mizoram on the review petition of the petitioner.

(2.) Heard Mr. Victor L. Ralte, learned counsel for the petitioner. Also heard Mr. A.K. Rokhum, learned Addl. Advocate General representing the State of Mizoram.

(3.) Brief facts of the case leading to filing of this appeal are as follows:- On 10.07.2010, an FIR was registered at Saiha Police Station stating that fake notes amounting to Rs. 1,48,500/- was seized from the possession of Smt. Suichhinpari of Saiha. On the registration of the FIR, the petitioner/charged officer was endorsed to be the Investigating Officer of the case. In the course of the investigation, he arrested one Mr. Ngunthawnga of Sangau village and seized a sum of Rs. 74,000/-, which according to the charged officer is only 68,000/-. After the charge sheet was submitted, criminal trial ensued against the accused person in the Court of the Addl. Session Judge, Lunglei and vide Order dated 6.12.2012, the learned Addl. Sessions Judge, Lunglei acquitted the accused. Thereafter, one of the accused Smt. Suichhinpari claimed for a sum of Rs. 68,000/- to be returned to her. The learned Sessions Judge directed that the Superintendent of Police, Saiha should do the necessary enquiry in respect of the seizure of Rs. 68,000/- and to settle the matter amicably. He also observed that if Smt. Suichhinpari has any grievance, she can approach the proper forum. Thereafter, the Superintendent of Police, Saiha ordered that a preliminary enquiry be conducted by SDPO, Saiha. In compliance of the direction, the SDPO, Saiha conducted his preliminary enquiry and submitted the same on 24.04.2013 to the Superintendent of Police, Saiha. The Superintendent of Police, Saiha on receipt of the enquiry report formed and opinion that there was prima facie case against the petitioner/charged officer, therefore ordered a departmental enquiry against him.