F. LALHRIATA Vs. STATE OF MIZORAM AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Vanlalenmawia, learned counsel for the petitioner as well as Mrs. Helen Dawngliani, learned GA for the State respondents.

(2.) The petitioner was appointed as Constable in the 3rd Mizoram Armed Police in the scale of pay of Rs. 825-1200 p.m. plus other allowances vide appointment letter No. E/PHQ/A/96/20-A dated 31.1.1996 by the Asstt. Inspector General of Police-I, Mizoram, Aizawl. He was, thereafter, confirmed in the post vide Order No. BN/3MAP/RO-38/99/418 dated 12.10.1999 issued by the Commandant 3rd Bn. MAP, Aizawl. Thereafter, the petitioner was transferred to the 2nd IR Battalion.

(3.) While the petitioner was discharging his duty as such in the 2nd IR Bn., he was offered Pre-Induction Training Course at CIJW School, Vairengte for the purpose of deployment to Chhattisgarh for Anti-Naxalite Operation. After completion of the Pre-Induction training as above, the petitioner joined his colleagues for Chhattisgarh and had been to Guwahati. But, suddenly at Guwahati, he received a telephone call about the illness of his wife, for which, he verbally brought the matter into the notice of his superiors and sought for permission to leave for Aizawl to attend his ailing wife. No permission was granted however, by the superior authority and without giving any notice, the petitioner left for Aizawl deserting the Battalion.