REGENT COMPUTRONICS PVT. LTD.

Chezum Lepcha Appellant

V/S

STATE OF SIKKIM Respondents

Referred Judgements :-

DURGA PRASHAD VS. CHIEF CONTROLLER OF IMPORTS AND EXPORTS [REFERRED TO]
P S SADASIVASWAMY VS. STATE OF TAMIL NADU [REFERRED TO]
STATE OF PUNJAB VS. BHAGAT RAM [REFERRED TO]
H D VORA VS. STATE OF MAHARASHTRA [REFERRED TO]
KASHINATH DIKSHJTA VS. UNION OF INDIA [REFERRED TO]
STATE OF MADHYA PRADESH VS. NANDLAL JAISWAL [REFERRED TO]
COLLECTOR LAND ACQUISITION ANANTNAG VS. KATIJI [REFERRED TO]
DEHRI ROHTAS LIGHT RAILWAY COMPANY LIMITED DEHRI ROHTAS LIGHT RAILWAY COMPANY LIMITED VS. DISTRICT BOARD BHOJPUR:DISTRICT BOARD SHAHABAD [REFERRED TO]
POWER CONTROL APPLIANCES SUMEET RESEARCH AND HOLDINGS VS. SUMEET MACHINES PRIVATE LIMITED :SUMEET MACHINES [REFERRED TO]
STATE OF UTTAR PRADESH VS. HARENDRA ARORA [REFERRED TO]
NORTHERN INDIAN GLASS INDUSTRIES VS. JASWANT SINGH [REFERRED TO]
DAYAL SINGH VS. UNION OF INDIA [REFERRED TO]
OM PRAKASH MANN VS. DIRECTOR OF EDUCATION BASIC [REFERRED TO]
PRABIR BANERJEE VS. UNION OF INDIA [REFERRED TO]
TRIDIP KUMAR DINGAL VS. STATE OF WEST BENGAL [REFERRED TO]
UNION OF INDIA VS. PRAKASH KUMAR TANDON [REFERRED TO]
BASANTI PRASAD VS. CHAIRMAN BIHAR SCHOOL EXAMINATION BOARD [REFERRED TO]
M P PALANISAMY VS. A KRISHNAN [REFERRED TO]
UNION OF INDIA VS. BISHAMBER DAS [REFERRED TO]
STATE OF U P VS. SAROJ KUMAR SINHA [REFERRED TO]
NARESH KUMAR VS. DEPARTMENT OF ATOMIC ENERGY [REFERRED TO]
SHANKARA CO OP HOUSING SOCIETY LTD VS. M PRABHAKAR [REFERRED TO]
CAUVERY COFFEE TRADERS VS. HORNOR RESOURCES INTERN CO LTD [REFERRED TO]
V CHANDRASEKARAN VS. ADMINISTRATIVE OFFICER [REFERRED TO]
TUKARAM KANA JOSHI VS. M.I.D.C [REFERRED TO]
LAJJA RAM VS. UNION TERRITORY, CHANDIGARH [REFERRED TO]

JUDGEMENT

(1.) This Writ Petition seeks to assail the impugned Office Order bearing No.POL/AIGP/HQ/2011/03 dated 09.01.2012 and Office Order bearing No.36/PHQ/2012 dated 30.03.2012 imposing the penalty of removal of the Petitioner from service and the Office Order bearing No. 60/PHQ/12 dated 23.06.2012, reinstating the Petitioner as Sub-Inspector in the Sikkim Police Force with effect from 01.04.2012.

(2.) The Petitioner was appointed in the post of SubInspector in the Sikkim Police Force in the year 2004 along with 27 other candidates and had topped the merit list during the recruitment process. After her period of probation, she was posted as Sub-Inspector at Gyalshing Police Station, West Sikkim on 08.11.2006, where she served for 4 (four) years. During her tenure at Gyalshing Police Station, she was entrusted with more than 30 (thirty) cases, in addition to normal day to day duties, which included law and order duty, VVIP duty, monitoring and supervision of PS, etc.

(3.) The Petitioner was then transferred to Sadar Police Station, Gangtok, East Sikkim in May, 2010 and while being posted there, she was placed under suspension without any prior notice or inquiry vide Office Order dated 09.01.2012. It is stated that the order of suspension was issued after 2 (two) years from the date of her transfer from Gyalshing Police Station purportedly under sub-rule (1) of Rule 10 of the Sikkim Police Force (Discipline and Appeal) Rules, 1989 (hereinafter referred to as "the Rules of 1989"). The order of suspension was followed by a Memorandum bearing No 61/AIGP/HQ dated 30.01.2012 containing four charges intimating her that an inquiry under Rule 7 of the Rules of 1989, was proposed to be held against her. As per the Memorandum dated 30.01.2012, ASP/CID was designated as the Inquiring Officer, under the Rules of 1989. The following were the four charges contained in the Memorandum: -

Click here to view full judgment.

CHEZUM LEPCHA Vs. STATE OF SIKKIM

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address