VANLALLAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) By this common judgment, it is proposed to dispose of both the writ petitions (W. P. (C) No. 50/2007 & W. P. (C) No. 61/2007) inasmuch as the facts and law involved in both the writ petitions involved are one and the same.

(2.) The writ petitioners, by these writ petitions, under Article 226 of the Constitution of India have challenged the Orders No. 2IR/R-60/2006/2517 dated 30.10.2006 (Annexure-A/7) and Order No. C. 16014/Range/VLL/07/115 dated 16.8.2007 (Annexure-10) in WP(C) 50/2007 and, Order Memo No. 2.IR/R/PF/IV-GRD-HLSZ/06/2800 dated 28.11.2006 (Annexure-11) in WPC 61/2007, by which the writ petitioners were removed from their service by the Deputy Commandant, 2nd IR Battalion, Khawzawl, Mizoram and appeal filed dismissed (in WP(C) No. 50/2007).

(3.) The short question to be decided in both the writ petitions for determination is whether the Deputy Commandant, 2nd IR Battalion Khawzawl had/has the authority to remove an employee from the service, not being the appointing authority under the law, as well as under the provisions of Article 311 of the Constitution.