TH. TOMBI SINGH Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) Heard Shri Kh. Tarunkumar, learned counsel appearing on behalf of the petitioner and Shri R.S. Reisang, learned Sr. Govt. Advocate appearing on behalf of the State Respondents.

(2.) The present writ petition has been filed by the petitioner praying for quashing/setting aside the impugned order dated 09-05-2014 dismissing the petitioner from service.

(3.) According to the petitioner, he was initially appointed as Warder, Jail Department, Government of Manipur w.e.f. 03-03-1978 and was later promoted to the rank of Head Warder. While the petitioner was serving as Head Warder, he was placed under suspension vide order dated 06-01-2009 issued by the Inspector General of Prisons in contemplation of a disciplinary proceeding and to initiate thereof, a memo dated 24-01-2009 was issued enclosing therewith the article of charges, one of which being that the petitioner committed rape on a minor, Km. Shanta Thapa, daughter of one Shri Dhan Bahadaur Thapa, an employee of the Manipur Central Jail. The petitioner submitted his written statement of defence denying the charges levelled against him. After the enquiry was over, the Enquiry Officer submitted his report on 12-02-2014 holding inter-alia that the petitioner failed to maintain absolute dignity and devotion to duty and committed a grave misconduct, a copy thereof was furnished to the petitioner so as to enable him to submit a representation. The petitioner submitted his representation dated 07-04-2014 to the Addl. Director General of Police (Prisons) praying for rejecting the findings of the Enquiry Officer. After having considered the petitioner's representation, the Addl. Director General of Police (Prisons) issued the impugned order dated 09-05-2014 awarding him a penalty of 'dismissal' from service.