Z R REMTLUANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. S. N. Meitei, learned counsel for the petitioner as well as Mrs. Helen Dawngliani, learned GA for the State respondents.

(2.) THE subject matter of challenge in this writ petition, is the order dated 30. 10. 2006 passed by the Deputy Commandant, 2nd IR Bn. Khawzawl, Mizoram Communicated vide letter No. 21r/r-60/2006/2517 dated 30. 10. 2006. By this impugned order, the writ petitioner, serving as Constable in the 2nd IR Bn. during the relevant point of time was removed from service on account of desertion.

(3.) THE petitioner was appointed as Constable on 14. 11. 2000 vide order dated 14. 11. 2000 bearing No. K/phq/m/7/pt/191 issued by the Assistant Inspector General of Police-I, Mizoram Aizawl and he was confirmed in the said post by Order No. 21r/r-43/2003/3065 dated 24. 4. 2003 with effect from 1. 12. 2002. While he was discharging his duty as Constable in the month of July 2006, he was suffering from pain and had undergone treatment. The pain aggravated despite taking medicine and he had to take advice from a civilian doctor at Aizawl. The doctor who offered treatment suspected his case as Sciatica and advised him to re-visit him on 4. 8. 2006. Accordingly, he applied for leave for attending the civil physician at Aizawl, but no leave was granted rather asked him to proceed to Vairengte to join the training at CIJW and accordingly moved on 4. 8. 2006. During the training, the petitioner's health deteriorated and he was unable to attend training further and was bed-ridden. Since he did not join the training at Vairengte, he received a calling notice on 26. 10. 2006 issued by the Commandant 2nd IR Bn. wherein it was directed that he had to resume his duty within three days from the date of receipt of the notice. Despite receipt of such notice, he could not report for duty due to his aggravated ailment. After some recovery, he went for submitting a joining report but was not allowed to join, rather was served with the impugned dismissal order. It is contended in the writ petition that without holding departmental inquiry, he has been removed from service by the impugned order by the Deputy Commandant, 2nd IR Bn. which is not legally sustainable per provisions of Article 311 of the Constitution read with provisions of Police Manual.