A LALHMANGAIHA Vs. STATE OF MIZORAM & 4 ORS
HIGH COURT OF GAUHATI
State Of Mizoram And 4 Ors
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S. Serto, J. -
(1.) This is a Writ petition filed under Article 226 of the Constitution of India challenging the removal order No. 11020/114/06-SP(W).RO/24, dated 16.05.2007, issued by the Superintendent of Police (WRLS), Mizoram, by which the petitioner was removed from service, i.e., Head Constable (Operator), Mizoram Police Radio Organization while he was posted at Sukma Dantewada District, Chhattisgarh in the camp of 2nd IR (Mizo) Battalion.
(2.) Heard Mr. Victor L. Ralte, learned counsel for the petitioner. Also heard Ms. Mary L. Khiangte, learned Govt. Advocate for the State respondents.
(3.) The facts and circumstance leading to the filing of this Writ petition are that vide order dated 21.09.2016, the petitioner was posted at Sukma Dantewada District, Chhattisgarh and released from Aizawl vide order No. 11020/110/06-SP(W.RO)/70, dated 21.08.2006, issued by the Superintendent of Police (WRLS), Mizoram. While he was serving in his place of posting, it was alleged that he had helped one Mr. K. Lalhruaitluanga, a fellow Head Constable of the same Battalion from the Guard Room where the later was kept because of his misconduct, and also that he had also deserted the camp in the evening of 19.11.2006 till 04.12.2006. The matter was reported to the Police Headquarter and thereafter, the Assistant Inspector General of Police - I wrote a letter No. E/PH8/B/18/CHHAT/145, dated 27.11.2006, Subject: 'Desertion report' to the Superintendent of Police (WRLS), Mizoram and advice him to take action against the petitioner aiming dismissal from service. Thereafter, the petitioner was suspended from service vide order dated 06.12.2006, Memo No. A.11020/114/06-SP(W).RO/4, issued by Superintendent of Police (WRLS), Mizoram in contemplation of holding disciplinary proceedings against him.
In pursuance of the said order, Memorandum containing the Article of charge and statement of imputation of misconduct or misbehavior was issued vide Memo No. A.11020/114/06-SP(W).RO/6, dated 11.12.2006.
The Article of charge and statements of imputation given in the Memorandum stated above are given here below:
"(STATEMENT OF ARTICLES OF CHARGE FRAMED AGAINST HC(OPR) A. LALHMANGAIHA (U/S)
"That the said HC(Opr) A. Lalhmangaiha (u/s) while attaching to 2nd IR Mizo Battalion to perform his duty at Chhattisgarh for Anti-Naxalite Operation vide this Office Order No. A.11020/110/06-SP(W) RO/70 Dt. 21.9.2006. That HC (Opr) K. Lalhruaitluanga (u/s) was found drunk at the time of Roll Call at 6:00 PM and was kept in Guard Room on 19.11.2006. Later the lock of the Guard Room was found broken. It was obvious that the said HC (Opr) A. Lalhmangaiha must helped him to escape the said HC(Opr) K. Lalhruaitluanga from the Guard Room by breaking the lock of the Guard Room and the said HC(Opr) A. Lalhmangaiha (u/s) was found deserting the Camp Area. Further the pipe line of the Guard Room was also found broken by him with his friend.
Such conduct and behavior of the said HC(Opr) A. Lalhmangaiha in the midst of special operation area (Anti-Naxalite Operation) tantamount to gross misconduct and grave misbehavior and dereliction of duty assigned to him and renders him liable to be disciplinary action under section 7 of Indian Police Act, 1861, read with rule 1038 of Mizoram Police Manual, 2005.
STATEMENT OF IMPUTATION OF MISCONDUCT OR MISBEHAVIOUR IN SUPPORT OF THE ARTICLE OF CHARGE FRAMED AGAINTS HC(OPR) A. LALHMANGAIHA (U/S)
That the said HC(Opr) A. Lalhmangaiha (u/s) of this organization was detailed at Chhattisgarh along with 2nd IR Mizo Bn. for Anti-Naxalite Operation vide this Office Order No. A.11020/110/06-SP(W).RO/70 Dt. 21.9.2006. The said HC (Opr) A. Lalhmangaiha (u/s) while deployed at Sukma, Dantewada District in Chhattisgarh had broken the lock of the Guard Room in order to free his colleague HC (Opr) K. Lalhruaitluanga illegally from the Guard Room at around 9:20 PM on 19.11.2006 and subsequently deserted the Camp Area on the same night and his whereabouts was not known even after intensive search was made. But the said HC (Opr) A. Lalhmangaiha (u/s) appeared before the Reserve Officer, MPRO on 4.12.2006 at around 11:45 AM. His Pay and Allowances has been withheld vide Order No. A.11020/114/06-SP(W).RO/3 Dt. 4.12.2006. Hence considering the act of the said HC(Opr) A. Lalhmangaiha (u/s) and the instructions received from PHQ vide L/No. E/PHQ/D/18/Chha/145 Dt. 27.11.2006, he was placed under suspension during the pendency of Departmental Inquiry vide Order No. A.11020/114/06-SP(W).RO/4 Dt. 6.12.2006.";
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