G T LAL VAIPHEI Vs. SUPERINTENDENTS OF POLICE

JUDGEMENT

(1.) The order dated 2.2.88 as in Annexure A/3 to the writ petition placing the petitioner under suspension, the order dated 26.9.88 dismissing the petitioner from service: as Constable for his absence of 220 days without leave as in Annexure A/5 and also the appellate order dated 3.12.96 rejecting the appeal of the petitioner as in Annexure A/8 are the subject matters under challenge in this writ petition.

(2.) According to the writ petitioner, he is a citizen of India, born and brought up and permanently residing in the State of Manipur, and rather, he is an unsophisticated tribal having his home in village and upbringing in the interior hill area of Manipur.

(3.) He was appointed as Constable in the Manipur Police Department vide order No.l/7/82-R dated 29.9.82 passed by the Dy. Inspector General (Range) Manipur, the respondent No. 2 herein. While he was serving in the Ukhrul DHQ in the year 1987, he was illegally and improperly transferred to Thoubal District purportedly under and order bearing No. E/36/17/87-PHQ (UKL) dated 18.5.87 and, thereafter, he was released on 24.(5.87. On 25.6.87, he left Ukhrul DHQ with an intention to join his duty at Thoubal DHQ within a permissible period of 10 days of joining at the new place of his positing. During the said joining time, he had visited his home village to see his dean and near ones. But as ill-luck would have iit, he fell ill seriously from pulmonary T.B. and accordingly he was medically examined and given treatment at the Bishnupur District Hospital with effect from 2.7.87 and he was advised by the concerned Medical Officer to take rest for 90 days for his recovery.