LAWS(GAU)-2009-10-21

P THRONHMUSU SANGTAM Vs. STATE OF NAGALAND

Decided On October 12, 2009
P Thronhmusu Sangtam Appellant
V/S
STATE OF NAGALAND Respondents

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order dated 11. 6. 07, issued by the Deputy Inspector General HQ cancelling the appointment orders of the petitioners and for setting aside the order dated 22. 6. 07 passed by the Director General of Police, Nagaland, Kohima, rejecting the prayer for payment of salaries and allowances to the petitioners coupled with a prayer for giving direction to pay the salaries and allowances of the petitioners w. e. f. July 2006 with all consequential benefits.

(2.) HEARD Mr. Taka Masa, learned counsel for the petitioners and also Mr. B. N. Sarma, learned Senior Advocate assisted by Mr. Apok Pongener, learned counsel for the respondents.

(3.) THE State respondents contested the case by filing affidavit-in-opposition, contending inter-alia that at the relevant time, the sanctioned strength of the Constabulary in the District Executive Force, Kiphire was 77. However, the then Superintendent of Police, Kiphire, namely, Shri Lilongse Sangtam (now expired), surreptitiously made excess appointment to the extent of 169 Constables. Subsequently, one Shri K. Mero took over the charge of Superintendent of Police, Kiphire on 14. 7. 06 and discovered that the former Superintendent of Police, Kiphire, in addition to the said 169 Constables had also appointed 71 Constables including the petitioners, whose appointments were subsequently kept in abeyance. A detailed report regarding the excess appointment was submitted to the Director General of Police by the new incumbent on 21. 8. 06. The appointment orders issued in the name of the petitioners were not genuine and the same were made much later just for drawal of the salary bills. The appointment of the petitioners were issued fraudulently without the sanctioned of the Government/police HQ and following the due procedure for recruitment of Constables and also in excess of the sanctioned strength of the Unit. In that connection, a disciplinary proceeding was initiated against the then Superintendent of Police, Kiphire on the charge of making illegal appointments of recruit Constables in the District Executive Force, Kiphire in excess of the sanctioned strength and without following any procedure. But, the proceeding could not be completed as the then SP, Kiphire died pending completion of the said enquiry. All the alleged appointment orders of the petitioners are illegal and the same were issued not only in excess of the sanctioned strength but also against the Government recruitment policy. Since the appointment orders of the petitioners were made illegally, fraudulently, surreptitiously and in excess of sanctioned strength and against non-existent post without following the procedure for recruitment, their appointment orders were rightly cancelled. The petitioners are not entitled to get any salary or benefit out of the said illegal and fraudulent appointment orders.