LALRAMMUANA S/O SH ROKUNGA Vs. STATE OF MIZORAM
LAWS(GAU)-2018-5-117
HIGH COURT OF GAUHATI
Decided on May 23,2018

Lalrammuana S/O Sh Rokunga Appellant
VERSUS
STATE OF MIZORAM Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. Victor L. Ralte, the learned counsel for the petitioner as well as Mrs. Linda L. Fambawl, the learned Govt. Advocate for all the respondents.
(2.) The petitioner is before this Court for the second time. Earlier, by filing WP(C) No. 24/2014, the petitioner who is an Excise Constable had challenged the order of his removal from his service vide Order dated 10.09.2009 as well as the rejection of his appeal against the order of removal. This Court upon considering the arguments put forth by the rival parties came to the conclusion that the respondent authorities had violated the principles of natural justice and that the enquiry proceedings drawn against the petitioner also suffered from procedural defects and thus, the impugned order of removal of the petitioner was set aside. The petitioner was directed to be reinstated without back wages but however, liberty was granted to initiate de-novo enquiry, if so advised vide Judgment & Order dated 02.08.2017.
(3.) Pursuant to the aforesaid direction, the petitioner was reinstated vide Order dated 17.08.2017 (Annexure-5) without back wages but his reinstatement was by way of a fresh appointment. He was denied the continuity of service for the period of his absence from duty and assigned a new Constable number placing him junior to all the existing Excise & Narcotics Constables. By the same order, further enquiring against him was dispensed with.;


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