R L MALSAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) FEELING aggrieved with the Order dated 22. 11. 2006 under Memo No. BN/ir/r/proc-15/2006/4152, the writ petitioner herein has filed this writ petition under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus/certiorari and/or any other appropriate writ (s)/directions to the respondent authorities. The respondent No. 5 herein by virtue of this order impugned removed the writ petitioner from service with immediate effect.

(2.) FOR the purpose of appropriate disposal of this writ petition, it would be proper for this court to place the case of the writ petitioner at this stage. The writ petitioner being found fit and qualified for appointment to the post of Grade-IV in the 1st IR Battalion under the Government of Mizoram was appointed as Grade-IV employee against the existing vacancy in the Battalion in the scale of pay of Rs. 2650-4000/- p. m. plus other allowances as admissible from time to time vide appointment Order No. BN/ir/r-9/03/6717 dated 7. 3. 2003 (Annexure-1 ). After his appointment, he was posted at IR Bn. Mualvum and was discharging his duty to the satisfaction of his superior officers. During that period his wife fell ill which was later diagnosed as Neuropathy with generalized body aching with tingling and numbness of the legs and fever for which she underwent treatment. During that time the Government of Mizoram deployed a number of police personnel of the IR Bn. to combat Naxalite movement in the State of Chhattisgarh and the petitioner being a Grade-IV employee of the said Battalion was also included in the team as a cook. Since his wife was ailing, the petitioner was not in a position to move out of Mizoram and for that he approached his superior authority to put someone else in his place to Chhattisgarh, but his request was turned down by the authority. It is also contended that as a result of his inability to proceed to Chhattisgarh, he managed respondent No. 6 herein a civilian to proceed to Chhattisgarh as his substitute and he (respondent No. 6) continued to work as Grade-IV employee deployed for the purpose.

(3.) WHILE the writ petitioner was busy with the ailment of his wife, he was placed under suspension and subsequently served a Memorandum of charges wherein he was charged that though he was released from the 2nd IR Bn. Khawzawl w. e. f. 26. 9. 2006 vide Order No. 21r/r-60/2006/2276 dated 26. 9. 2006 for proceeding to Chhattisgarh, instead of proceeding to Chhattisgarh he sent one civilian in his place namely, Vanlalhruaia without the knowledge/prior permission from the competent authority (Annexure-4 ). Having received the charge framed, the petitioner submitted his reply which was, however, not accepted by his superior authority. Departmental Proceeding started against the writ petitioner and one D. K. Chakraborty Assistant Commandant was appointed as Inquiry Officer to inquire into the charge framed against the petitioner. At the conclusion of the inquiry, the Inquiry Officer submitted his report and vide impugned order he was removed from service with immediate effect. Being thus removed from service, the writ petitioner submitted a representation with a prayer for re-instatement to his post explaining the circumstances.