SH. LALRAMMUANA Vs. THE STATE OF MIZORAM

JUDGEMENT

(1.) AND ORDER (Oral) - The petitioner was appointed as Excise Constable by office order dated 10-06-1994. The petitioner was thereafter, confirmed as Excise Constable by office order dated 13-11-1996. While the petitioner was rendering his service as Excise Constable, he applied for medical leave due to his illness and he was granted extra ordinary leave without pay by order dated 05-12-2007 for 30 days with effect from 05-12-2007 to 03-01-2008. As the petitioner was suffering from cholera, he could not recover from his illness during his leave period and he had to be admitted in Lawngtlai Civil Hospital and therefore, he again applied for extra ordinary leave. However, the same was not granted and instead, the petitioner had received show cause notice dated 15-05-2008 stating that he had absented from his duties without obtaining prior permission for the period 24-01-2008 to 31-01-2008, 17-02-2008 to 27-02-2008, 19-03- 2008 to 31-03-2008 and 1st April to till date. The petitioner replied to the show cause notice and thereafter, memorandum dated 17-07- 2008 was issued by the Commissionerate of Excise & Narcotics proposing to hold an inquiry against the petitioner under Rule 14 of the CCS (Classification, Control and Appeal) Rules, 1965. The said memorandum was accompanied by the statement of articles of charge, statement of imputation of misconduct or misbehavior and the list of documents by which the articles of charge framed against the petitioner was proposed to be sustained. The petitioner thereafter, made a reply on 22-07-2008 stating that due to his illness, he could not attend office and he has no more leave to avail and he was not allowed to avail leave on E.O.L. He, further asked for forgiveness as his health condition was very bad and he was not in condition to attend duty.

(2.) Thereafter, Inquiry Report was submitted on 20-04-2009 and a copy of which was also furnished to the petitioner. The petitioner made a representation against the inquiry report on 09-08-2009. Thereafter, the disciplinary officer/Commissioner of Excise and Narcotics passed the impugned order dated 10-09-2009 removing the petitioner from service with immediate effect in exercise of the powers conferred by Sub-Rule (2) of the Rule 12 of CCS (CCA) Rules, 1965. Thereafter, the petitioner preferred an appeal before the Secretary, Excise and Narcotics Department, Government of Mizoram on 21-04-2013 which was however rejected by communication dated 02-12-2013 on the ground that the appeal has been preferred after more than four years and that there is no sufficient ground to accept the same. Being aggrieved, the present writ petition.

(3.) Heard Ms. Dinari T. Azyu, learned counsel for the petitioner. Also heard Mr. A. K. Rokhum, learned Additional Advocate General, Mizoram appearing for all the respondents.