NETRA BAHADUR Vs. STATE OF MANIPUR THROUGH THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) HEARD Mr.Kh.Tarunkumar, learned counsel for the petitioner and also Ms.Sundari, learned GA appearing for the respondents.

(2.) IT is the submission of Mr.Tarunkumar, learned counsel for the petitioner that the present petition is squarely covered by the common judgment and order of this court (Division Bench) dated 18.04.2005 passed in WA No.267 of 2002 and batch. His submission is based on the fact that a common departmental enquiry was ordered against (1) Havildar No.21510, Th.Khongnem Singh, (2) Rfm No.55891 Netra Bahadur, (present petitioner), (3) Rfm No.55587 Hankhanpiang and (4) Rfm No.9861 Liankhanmang, all of 7th Bn Manipur Rifles; and on the finding of the said common departmental enquiry, the Commandant, 7th Bn Manipur Rifles issued common dismissal order No.DF/4/2000 -7MR, Khabeisoi, 27th June, 2000 (Annexure -A/5 to the writ petition) for dismissing the said (1) Havildar No.21510, Th.Khongnem Singh, (2) Rfm No.55891 Netra Bahadur, (present petitioner), (3) Rfm No.55587 Hankhanpiang and (4) Rfm No.9861 Liankhanmang from service.

(3.) THIS court taking into consideration of the said ground had passed final judgment and order in WP(C) No.1234 of 2000 for setting aside the said departmental enquiry and also for reinstating the petitioner of WP(C) No.1234 of 2000 (Havildar No.21510, Th.Khongnem Singh) in service.