WAHIJUDDIN SHAH Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) HEARD Mr. Khagemba, learned counsel for the petitioner as well as Mr. R.S. Reisang, learned Sr. Govt. Advocate for the respondents.

(2.) THE present writ petition has been filed for setting aside the departmental proceeding initiated against the petitioner, the order of removal dated 20.09.2008 (Annexure -A/6), the order dated 8.2.2013 passed by the appellate authority rejecting his appeal (Annexure -A/8) and also the order dated 30.4.2013 rejecting the second appeal (Annexure -A/10).

(3.) THE petitioner was appointed as a Rifleman in the 2nd Indian Reserve Battalion, Manipur vide order dated 28.05.1999 and after undergoing necessary training programme had been serving as a Rifleman. He was placed under suspension by an order dated 21.11.2007 in contemplation of a departmental enquiry and on the same date, i.e., 21.11.2007, the Commandant, 2nd Indian Reserve Battalion issued the memoranda of charges which contained the charges that the petitioner was absent from 22.09.2007 to 21.11.2007 i.e. for 61 days without any leave or permission from the competent authority and he was a habitual absentee, as follows: