ZOHMINGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. H. Lalrinthanga, learned counsel for the petitioner as well Mr. T. Vaiphei, learned Asstt. Advocate General. In order to have some clarification as regards the departmental proceedings taken against the writ petitioner in 1983. An attempt has been made to have the relevant record/file available before I dictate order today. I have been informed by learned Asstt. Advocate General that the particular file relating to the enquiry of the year 1983 is not readily available as regards to the question whether some reasons were recorded by the competent authority before the issuance of the order of termination.

(2.) The writ petitioner was appointed as Junior Engineer by order dated 18 August, 1978 in the scale of pay of Rs 425-Rs. 700/- P.M. plus other allowances as admissible under the Rules against one of the existing vacant posts of Junior Engineer(Mech) under Aizawl Mechanical Sub-Division. The said appointment was made on adhoc basis and for a short period subject to regularisation in accordance with recruitment rules to be approved by the Govt, in due course. A subsequent Notification dated 21st March, 1979 was issued in which the Lt. Governor of Mizoram was pleased to appoint the writ petitioner, B.E.(Mech) as Assistant Engineer with effect from the date of his joining to the post on a temporary basis in the scale of pay of Rs 650-Rs 1200/- p.m.plus all other allowances as admissible and sanctioned from time to time and posted him as S.D.O., Aizawl P.H.E. Sub-Division No. 2 Para 3 of the said appointment states:

(3.) While serving as Assistant Engineer consequent to the appointment to the said post as stated above, a Govt. Memorandum was issued on 10th May, 1980 proposing to hold an enquiry against the writ petitioner, directing him to submit within 15 days of the receipt of the Memorandum a written statement of his defence and also to state whether he desired to be heard in person. There was only one article of charge brought against the writ petitioner. The charge reads: