K LALTHANKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) FEELING aggrieved with the Order dated 22. 11. 2006 under Memo No. BN/ir/r/proc-115/2006/4155, the writ petitioner herein has filed this writ petition under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus/certiorari and/or any other appropriate writ (s)/directions to the respondent authorities. The respondent No. 5 herein by virtue of this order impugned removed the writ petitioner from service with immediate effect.

(2.) FOR the purpose of appropriate disposal of this writ petition, it would be proper for this court to place the case of the writ petitioner in short at this stage. The writ petitioner being found fit and qualified for appointment to the post of Grade-IV in the 1st IR Battalion under the Government of Mizoram was appointed as Grade-IV employee against the existing vacancy in the Battalion in the scale of pay of Rs. 2650-4000/- pm plus other allowances as admissible from time to time vide appointment Order No. BN/ir/r-9/05/698 dated 18. 5. 2005 (Annexure-1 ). After his appointment, he was posted at IR Battalion Mualvum and was discharging his duties to the satisfaction of his superior officers. During that period his wife fell ill which was later diagnosed as Tuberculosis (TB) for which she underwent treatment. She was also admitted for her ailment in the Presbitarian Hospital at Durtlang on 3. 10. 2006 and was discharged on 7. 10. 2006. Thereafter, she was on medication for quite sometime, since she could not recover properly she was again admitted in the Civil Hospital at Kawnpui on 10. 2. 2007 and was discharged on 14. 2. 2007. The Government of Mizoram deployed a number of police officers of IR Battalion to combat Naxalite Operation in the State of Chhattishgarh vide office Order No. 21r/r-60/2006/2276 dated 25. 9. 2006. The petitioner, being a Grade-IV employee of the Battalion was also included in the team as a Cook. However, due to illness of his wife, he was not in a position to move out of Mizoram and accordingly after making an internal arrangement, he sent the elder brother of his wife (respondent No. 6) to proceed to Chhattishgarh on his behalf on condition that as soon as the petitioner would be in a position to proceed to Chhattishgarh, he would replace him. Accordingly, as per arrangement, respondent No. 6 had proceeded to Chhattishgarh and continued to work as IV Grade employee in place of the writ petitioner.

(3.) WHILE the writ petitioner was busy with the ailment of his wife, he was placed under suspension and subsequently served a Memorandum of charges wherein he was charged that though he was released from the 2nd IR Battalion Khawzawl w. e. f. 26. 9. 2006 vide Order No. 21r/r-60/2006/2276 dated 26. 9. 2006 for proceeding to Chhattishgarh, instead of proceeding to Chhattishgarh he sent one civilian in his place namely, Sh. Laltleipuia without the knowledge/prior permission from the competent authority (Annexure-3 ). Having received the memorandum of charge, the petitioner submitted his reply which was, however, not accepted by his superior authority. Departmental Proceeding started against the writ petitioner and one D. K. Chakraborty, Assistant Commandant was appointed as Inquiry Officer to inquire into the charge framed against the petitioner. At the conclusion of the inquiry, the Inquiry Officer submitted his report and vide impugned order he was removed from service with immediate effect. It is to be mentioned at this stage that the petitioner while submitting written statement of defence admitted his guilt. Being thus removed from service. The petitioner approached the Hon'ble Minister i/c Home Department, Mizoram and submitted a representation on 18. 1. 2007 with a prayer for re-instatement to his post explaining the circumstances.