S. BIRACHANDRA SINGH AND ORS. Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) HEARD Shri A. Mohendro, learned counsel appearing for the petitioner in W.P. (C) No. 468 of 2011 and Mr. M. Hemchandra, learned counsel appearing for the petitioner in W.P. (C) No. 556 of 2010 as well as Mr. R.S. Reisang, learned Sr. Govt. Advocate appearing for the State Respondents.

(2.) BOTH the writ petitions arise out of the similar set of facts and the same are being disposed of by this common judgment and order.

(3.) ALTHOUGH many grounds have been taken in the writ petitions, Shri A. Mohendra and M. Hemchandra, the counsels appearing for the petitioners, during the course of hearing, have confined their arguments mainly on two grounds and have, accordingly, submitted that after the petitioners having been acquitted by the learned Judge, Special Court (ND & PS) in Special Trial Case No. 34 of 2004 from the charge, the petitioners ought to have been reinstated to their services and that the findings of the Departmental Enquiry are perfunctory and perverse as the same cannot be said to have proved the charge levelled against them. On the other hand, Shri R.S. Reisang, the learned Senior Government Advocate has submitted that there is no law or rule for compulsory reinstatement of the petitioners after their acquittal or being discharged from the charge in the criminal proceeding and that the Inquiry Officer, after examining the materials on record including the evidence of two witnesses, gave his finding that the charges levelled against them have been proved beyond any shadow of doubt as the petitioners were physically involved in carrying contraband Ganja.