TH. HOPESON LAMKANG Vs. UNION OF INDIA
LAWS(MANIP)-2019-12-7
HIGH COURT OF MANIPUR
Decided on December 18,2019

Th. Hopeson Lamkang Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

M.V.MURALIDARAN,J. - (1.) This writ petition has been filed by the petitioner seeking to set aside the order of the third respondent dated 06.10.2016 as arbitrary, illegal, bias, unconstitutional and discriminatory and to direct the respondents to reinstate the petitioner in service.
(2.) The case of the petitioner is that he entered into service of Assam Rifles as a Rifleman on 9.4.2005 and served the nation for 11 years, 3 months and 1 day before he was forcefully discharged with effect from 7.10.2016. Further case of the petitioner is that he was served a show cause notice on 05.12.2015 stating that in spite of five red ink entries and warnings, he has not shown or displayed any improvement. The show cause notice has been suitably replied by the petitioner on 13.1.2016. While so, months thereafter, on 06.10.2016, the third respondent issued an order discharging the petitioner from service with effect from 7.10.2016.
(3.) According to the petitioner, for the charges levelled against the petitioner, warning has to be given and the punishment of discharge from service is not proper. Moreover, the petitioner was directly issued a show cause notice and directly dismissed from service, which is arbitrary, bias, discriminatory and unconstitutional and also in contravention of Article 21, 14 and 46 of the Constitution. Therefore, the impugned order is liable to be set aside.;


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