MAYANGLAMBAM SUSHIL KUMAR SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) An order dated 15th November, 1994 issued by the Government of Manipur, Department of Personnel and Administrative Reforms (Personnel Division) allowing the writ petitioner to retire compulsorily from the Government service with immediate effect by invoking the provisions of law contemplated under Article 311 (2) (c) of the Constitution of India, as in Annexure - A/14-1 to the writ petition, is the subject matter under challenge in this writ petition.

(2.) Having heard Shri N. Kotishwor Singh, learned counsel for the petitioner and Shri L. Shyamkishore Singh, learned senior Government Advocate, for the respondents, it appears that the writ petitioner has prayed inter alia;

(3.) According to the writ petitioner, he is a B.A. Hons. and M.A. Economics in educational qualification and he was appointed as a member of Manipur Police Service (hereinafter referred to as M.P.S.), on the recommendation of the Manipur Public Service Commission, (in short M.P.S.C.) vide order dated 25.3.1975 passed by the Joint Secretary, to the Government of Manipur. After the said appointment, the petitioner was deputed to Phillaur, Punjab for getting training in the Police Training College and on completion of the training, he came back and started discharging his duties in different capacities and at different place of postings as an M.P.S. Officer and in the meantime, his service as an M.P.S. Officer was duly confirmed vide an order dated 18th May, 1984 along with other officers and in the said confirmation order, his name appears at serial No. 4. By another Government order dated 31st May, 1988, the petitioner was appointed along with other 15 Officers to the Selection Grade of the Manipur Police Service and in the said order was given effect from 11th September 1986. After serving at different place of posting including hill areas, the petitioner lastly transferred to Tamenglong District, Manipur while he any which as Superintendent of Police in the Narcotics and Border Affairs Cell. It is also the case of the writ petitioner that during his last 19 years of services, he apart from successfully completing the Departmental Examination, he had also successfully undergone the training, namely, (i) Elementary Course in Criminology and Forensic Science (New Delhi). (ii) Weapon and Tactics Course (Indore), (iii) Fundamental Course in Criminology, and Forensic Science (New Delhi), (iv) Management Course at (IIPA), New Delhi). He had also earned various achievements and the instance has been cited by the writ petitioner while he was posting at Senapati District, an ambush took place, during which the petitioner not only escaped unhurt and high risk to his life, but also could catch hold and arrest a member of dreaded underground force of NSCN and also seized a Chinese make machine gun M 22 with 49 rounds. In that connection a case being F.I.R. No. 23 (8) 1991 Senapati Police Station, U/S 121, 121-A, 307 IPC, 3 (2) 9(ii) TDAP and 25 (1) (a) of Arms Act was registered. It is also contended that the petitioner after taking over charge of the post of Superintendent of Police, Tamenglong District, a sensitive and vulnerable to underground activities area, took up many measures for effective maintenance of law and order in the District and while checking up, he also found that there were shortage in strength of Police personnels in different ranks and, as such, when an enquiry has been made to the District Head Quarter about the deployment of police personnels, the petitioner had submitted the deployment chart in the District along with other chart showing the shortage in the sanctioned strength of the District under his forwarding letter dated 4.10.1994 as in Annexure - A/7-1, Annexure- A/7-2 and Annexure - A/7-3 to the writ petition. He also expressed the grievances of the District in the matter of shortage in the man-power as well as number of good condition vehicles etc. It is also further averred that in view of the recent underground activities in an around the District and other ethnic group clashes leading to serious consequences, he being alert and mindful of his duties also wrote a letter dated 24.10.94 to the Post Commander C.R.P.F. which was posted in the District after prior consultation with higher rank of C.R.P.F. to extend their patrolling duties to some strategic locations, which may be used as access points by underground elements after detailed discussion with I.G.P., C.R.P.F. and I.G.P. L../O, Manipur in the office room of I.G.P. (L/O) on 19.10.1994. He also apprised to the Director General of Police of the prevailing situation with a request to strengthen the Police Organisation of the Tamenglong District. The petitioner went on to state that the situation in the District became worsened due to various occurrences of ethnic clashes between the Naga and Kuki group, and one of such occurrences which took place on the night of 31st October,1994, some unidentified miscreants belonging to one group shoot one Kaizachawan Pake, who belongs to Paite tribe, as a result, as many as seven (7) employees belonging to the same tribe who were posted at Tamenglong had left the Tamenglong Head Quarter under Police escort and under the supervision of the writ petitioner. Moreover, the Asisistant Director of Sericulture/Tassar, in the Industries Department, who was one of them, submitted a report to the Deputy Commissioner, Tamenglong, on 1.11.1994 before these persons left Head quarter, requesting for transferring all of them outside the District and in the night of 31st October, 1994, all these paite officials were given shelter in the District Head quarter at Tamenglong for their safety. It is further averred that as the tension died down, the petitioner as a follow up action of earlier pressures/quaries, from the Head Quarter, sent a wireless message to D.I.G. Range on 4.11.1994, intimating that the petitioner would be leaving the station for Imphal on the same day to discuss some important matters including preparatory works for the coming General Election, as repeated reminders had come from the Head quarter in that respect and at the same time the petitioner also directed the S.D.P.O. Nungba, to look after the normal routine works/duties of the S.P, during his absence, and, thereafter, the petitioner proceeded for Imphal in the after noon of 4.11.1994 and he also escorted two Paite officials, namely, K. Chungzalhang, Assistant Director of Sericulture and K.M. Jalam Paite, U.D.C Senior Accountant of Treasury Office of Temenglong along with him, since they were taking shelter in the District Police station being afraid of their lives. According to the writ petitioner, 5th November, 1994, being a State Holiday due to 'NINGOL CHAKOUBA' the petitioner deferred the proposed discussion with his Superior Officers including D.I.G. Range and DIG/OPs in order to hold the same on the next working day, but, he went to the residence of the Inspector General of Police (Law & Order) and apprised him about the situation, and requested him to provide immediate requirements as requested earlier, in view of the mounting problem of the Law and Order in the District. Over and above, the said discussion, the petitioner also had to collect certain documents and informations from the Food and Civil Supplies Department in connection with a complaint from D.C. Tamenglong regarding large scale misappropriation of sale proceeds of rice and sugar in the District. However, to the surprise of the petitioner on the night of 5.11.1994 i.e. the next day of his arrival at Imphal, he was informed that during his absence, the arms and ammunitions from the Police Reserve Line were snatched away by the suspected NSCN by over - powering the sentries and on hearing the said information, the petitioner immediately rushed to Tamenglong on the same night and reached there at about 8 A.M. in the morning of 6.11.1994 and, on reaching there he found the Director General of Police, Manipur and the Deputy Inspector General of Police, Range, and they along with the petitioner jointly conducted search and raid opearation in the locality during which they recovered some arms and ammunitions. According to the writ petitioner both the Officers lefl the place and whereas the petitioner stayed behind, and continued the operations and in the course of further enquiry, he found some circumstances, which show signs of connivances between the Sentries and the miscreants and in that connection a case being F.I.R. No.67 (11) 1994 under Section 457, 582, 121-A.I.P.C. was duly registered. It is also contended that while the petitioner was at his place of posting at Tamenglong, he was telephonically informed by the D.I.G. Range that his presence at Imphal, is necessary and, as such, he should come to Imphal and, accordingly, he reached Imphal on 16th November, 1994 and met the D.I.G. Range, but to surprise, he was asked to hand over the charge to the O.C./5th Manipur Rifle Commandant, only then the petitioner had got some scent that something had happened and on enquiry he was given compulsory retirement.