STATE OF NAGALAND Vs. ROTHRONGBA SANGTAM

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order of the learned Single Judge dated 4. 2. 2008 passed in WP (C) No. 105 (K) of 2007 whereby and where under the learned Single Judge quashed the impugned termination order dated 23. 5. 2007 terminating the service of the respondents/writ petitioners, by giving liberty to the appellants to order appropriate screening of the respondents/writ petitioners afresh in terms of Rule 9 of "rules for recruitment of Constables of DEF and NAP in Police Department, Nagaland" and after such screening the appellants would be competent to take such decision as may be justified by the screening results by affording appropriate opportunities to the respondent/writ petitioners, if they are to be visited by adverse consequences.

(2.) HEARD Mr. B. N. Sarma, learned Senior counsel assisted by Mr. Apok Pongener learned counsel for the appellants as well as Ms. Z. Zhimomi, learned counsel for the Respondents/writ petitioners.

(3.) A short factual matrix of the case of the respondents/writ petitioners leading to the filing of the WP (C) No. 105 (K)/07 is that the respondents/writ petitioners were appointed as Constable between June, 2005 and November, 2005 in Kiphire district, Nagaland State under the orders of the Superintendent of Police, Kiphire district, Nagaland and all the appointment orders are peri materia and similar in nature. For easy reference to the nature as well as the terms and conditions of the appointment orders, one order of the appointment is quoted hereunder :-