LALHMINGLIANA Vs. STATE OF MIZORAM AND ANOTHER

JUDGEMENT

(1.) The writ Petitioner Shri Lalhmingliana, a Constable working under the Superintendent of Police, Aizawl District was discharged from service with effect from 3.1.1989 on completion of Departmental Proceedings in relation to the charge of theft in the house of one Shri Lalmuana. Being aggrieved with the aforesaid order dated 3.1.1989, the Petitioner has preferred this writ petition for quashing the order of discharge with consequential prayer for reinstatement with effect from 24.8.1987, the date of suspension, with all service benefits.

(2.) The departmental enquiry initiated against him on the charge that in the night of 31.7.1987. the writ Petitioner took shelter in the house of Shri Lalmuana with permission form his wife and he had left the house in the early morning with out any information to the hosts committing theft of valuable articles belonging to Shri Lalmuana and his wife. A police case was also registered against him and the stolen articles were also recovered from the persons to whom he had sold the same immediate after the theft.

(3.) On completion of the departmental proceedings and considering the enquiry report and the reply given by the Petitioner to the proposed punishment, the Superintendent of Police passed the impugned order of discharge.