KONTHOUJAM LOKESHOR SINGH Vs. STATE OF MANIPUR, THROUGH THE CHIEF SECRETARY-CUM- SECRETARY

JUDGEMENT

(1.) HEARD Mr. Kh. Tarunkumar, learned counsel appearing on behalf of the petitioners and Mr. R.S. Reisang, learned Senior Government Advocate appearing on behalf of the State respondents.

(2.) IN the present writ petition, the petitioners have sought for a direction for reinstatement in service after the petitioners were dismissed from service vide order dated 15.01.2001. It is the case of the petitioners that the petitioners along with 6 (six) other personnel were detailed on duty as escort party of a Minister. While the Minister was visiting his home town on 29.01.2000, the escort party along with the Minister's convoy came under attack and was ambushed and overpowered by the underground activists and the arms and ammunitions of the escort party were snatched away. In the said ambush, one of the workers of the Minister also died on the spot. Thereafter, the petitioners and other members of the escort party were placed under suspension and a Departmental Enquiry was initiated against them. On conclusion of the Departmental Enquiry, the petitioners and other members of the escort party were dismissed from service by an order dated 15.01.2001.

(3.) AS per the petitioners, the case of the petitioners fall under the second category where the writ petitions filed by the petitioners are required to be re -heard by this Court. In terms of the decision of the Supreme Court, respondents authorities issued an order on 4.11.2006 directing that the petitioner No.1 and 18 others are deemed to be under suspension with effect from their respective dates of suspension/dismissal. Similarly, the petitioner No.2 was also placed under suspension. However, subsequently in the year 2009, the Commandant 7th Bn. Manipur Rifles issued an order on 23.03.2009, whereby the petitioner No.1 and the 17 (seventeen) others were reinstated in service by revoking the suspension order due to exigency of service in connection with the holding of General Election of the 15th Lok Sabha Election in 2009, and directing that the continuation in service will be subject to the outcome of the pending cases against them.