C BIAKRINGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India, the petitioner has approached this Court for a direction to the respondents to treat and declare the petitioner to be senior to the respondent No.4.

(2.) The petitioner as well as the respondent No.4 are now serving as Sub-Inspector of Excise in the Office of the Commissioner of Excise, Excise & Taxation Department, Government of Mizoram. The respondent No.4 is senior to the petitioner. The respondent No.4 was removed from service under order dated 3.11.89 (Annexure-I to the writ petition). And thus, in the seniority list, the name of the respondent No.4 does not find place and the name of the petitioner is at Sl. No. 4 (Annexure-II to the writ petition). Subsequently the order of removal from service was set aside by the Governor in exercise of the power under Rule 29 of CCS (CCA) Rules, 1965 and the penalty was modified under order No.A.41017/1/92- EXC dated Aizawl, the 29th July 1992 (Annexure-III) which is reproduced below : ORDER ''Whereas Pu.C.Lalhmingliana, Sub- Inspector of Excise was removed from Service tinder Rule 12 of CCS(CCA) Rules, 1965 vide Commissioner of Excise's order No.C.14013/ 3/S8-COMEX/84 dtd. 30.11.1989 from 1.12,1989. And whereas the case of Pu.C.Lalhmingliana was revised in terms of Rule 29 of CCS (CCA) Rules, 1965, Now, on revision of the case in terms of Rule 29 of CCS(CCA) Rules, 1965, the Governor of Mizoram, in exercise of the powers conferred under the said Rules hereby set aside the order or removal from service and further orders that the pay of Pu.C.Lalhmingliana should be reduced by 2 (two) stages for a period of 2 years with effect from the date of joining on reinstatement into service. It is further ordered that Pu.C.Lalhmingliana will not earn increments of pay during the period of such reduction and that on the expiry of this period, the reduction will have the effect of postponing his future increments of pay. It is, further directed that the period of suspension till his removal from service shall be treated as period spent on duty only for the purpose of pension and the period from the date of removal till joins duty on reinstatement shaft be treated as 'dies non' with loss of seniority in service to that extent, but will count towards qualifying service for pension only and the period does not constitute forfeiture of past services. there will 1 e no other financial benefits." Sd/- K. LALTHLAMUANA Secretary Excise &Taxation Department, Govt. of Mizoram.

(3.) Subsequently, the Governor by his order dated 28.8.95 (Annexure-V to the Writ petition) modified the earlier order at Annexure-III). The order of the Governor at Annexure-V is also reproduced below : ORDER