C LALFELMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India praying for issuance of appropriate writ quashing and setting aside the impugned Order No. 4IR/R/PF/C-273/2315, dated 24.08.2015 removing the petitioner from service in consequence of the disciplinary proceedings drawn up against him and also for quashing and setting aside the impugned Order dated 18.11.2015, Memo No. PHQ/AB/6/APPEAL/LMFA/168 dismissing the statutory appeal filed by the petitioner, and also for any order or direction as this Court may deem fit and proper.

(2.) Heard Mr. J.C. Lalnunsanga, learned counsel for the petitioner and also heard Mr. A.K. Rokhum, learned Addl. Advocate General appearing for the State of Mizoram.

(3.) The brief facts of the case leading to the filing of this writ petition are that while the petitioner was posted at Thinghlun BOP of 4th IR Battalion, a fire broke out in the night of 06.04.2015, which burned the house where he and his wife were staying which is stated to be only about 15 meters away from the camp. The fire consumed the whole house and moveable properties of the petitioner and his wife including 100 live rounds of 5.56 mm of INSAS Rifle and 3 magazines. Following the incident, the petitioner was suspended from service vide Order dated 13.04.2015 issued by the Commandant of 4th IR Battalion, Mizoram, in contemplation of holding a departmental enquiry against him. Thereafter, on the same day a memorandum of charge stating that for the misconduct or misbehavior of the petitioner, a departmental enquiry was being conducted was issued by Commandant 4th IR Battalion. Along with that, a statement of imputation was handed over to the petitioner.