KH SANATOMBA TARAO Vs. STATE OF MANIPUR

JUDGEMENT

(1.) BY this writ petition, the petitioner is assailing the order of the Dy. Inspector General of Police (AP-I) being No. H-2/ap-I/phq/2004 dated 08. 06. 2006 for dismissing the writ petitioner from service only on two grounds (i) that the impunged order dated 8. 6. 06 had been issued without giving an opportunity of filing show cause or without notice, as a result thereof the impugned order was passed in infraction of the principles of natural justice and (ii) the Dy. Inspector General of Police (AP-I) even though he is the appellate authority against the order passed by the Commandant, 3irb dated 3. 5. 06, the impugned order cannot be passed interfering with the order of the Commandant, 3 IRB dated 3. 5. 06 in absence of appeal filed by the writ petitioner.

(2.) HEARD Mr. L. Sharat Sharma, learned counsel appearing for the petitioner as well as Mr. Jagjit, learned G. A. appearing for all the respondents. Factual Matrix

(3.) IT is stated that the petitioner fell ill seriously, while he was posted at Pangei post from "infective Hapatitis with jaundice" and he was under medical treatment by Dr. Melory, Senior Medical Officer, J. N. Hospital and it is also alleged that he was advised to take complete bed rest for a period of one month w. e. f. 02. 02. 05. On medical ground the petitioner applied for one month's leave w. e. f. 02. 02. 05 to the competent authority, but he was granted 15 days leave. Due to serious nature of his illness, the petitioner proceeded to his home. Tarao Laimanai Village, Chandel District and as there was no transport facility, he had to go on foot for about 12-15 Kms. It is further alleged that after reaching his home, his illness became serious and worsen and accordingly he had to remain indoor for a number of days consecutively.