Kh. Nobin Singh JUDGMENT
N. Kotiswar Singh, J.
1. Heard Mr. T. Rajendra, Mr. Kh. Tarunkumar, Mr. Th. Khagemba, learned counsel for the petitioners/appellants. Also heard Mr. H. Raghumani, learned Government Advocate for the State respondents.
2. These three writ petitions, WP(C) No. 706 of 2009, WP(C) No. 707 of 2009 and WP(C) No. 476 of 2013 along with two writ appeals, WA No. 2 of 2013 and WA No. 3 of 2013 are heard together and disposed of by this common judgment and order considering the fact that all these writ petitions/appeals involve similar dismissal orders issued by the authority invoking the same provision of clause (c) to the second proviso to Article 311(2) of the Constitution of India without holding any departmental enquiry against them.
As all the impugned dismissal orders are similarly worded, only the dismissal order in W.P.(C) No. 706 of 2009 is reproduced herein below for reference:
"ORDERS BY THE GOVERNOR : MANIPUR
Imphal, the 31st October, 2009
No. 12/1(14)/08-H(Misc.)(C): Whereas, the Governor of Manipur is satisfied under sub-clause (c) of the proviso to clause (2) of Article 311 of the Constitution that in the interest of the security of the State it is not expedient to hold an inquiry in the case of Md. Abdul Khalique's (Constable No. 988032 of Thoubal District) involvement and association with subversive activities;
2. And whereas, the Governor of Manipur is satisfied that, on the basis of the information available, the activities of Md. Abdul Khalique are such as to warrant his dismissal from service.
3. Accordingly, the Governor of Manipur hereby dismisses Md. Abdul Khalique, Constable No. 988032 of Thoubal District from service with immediate effect.
By orders & in the name
of Governor
Sd/-
(Th. Amalkumar Singh)
Deputy Secretary (Home)
Govt. of Manipur
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To
Md. Abdul Khalique @ Khalique, Constable No. 988032 of Thoubal Distt. S/O Md. Abdul Helim of Yairipok Ningthounai Mayai Leikai, PS-Yairipok, Thoubal District, Manipur.
Copy to:-
1. Secretary to H.E. the Governor of Manipur, Raj Bhavan, Imphal.
2. Secretary to Hon'ble Chief Minister, Manipur.
3. Chief Secretary, Govt. of Manipur.
4. Director General of Police, Manipur.
5. Commissioner (Home), Govt. of Manipur.
6. Inspector General of Police (Admn)/(L&O-II), Manipur.
7. Supdt. of Police, Thoubal District. - he is requested to please hand over copy of the order to Md. Abdul Khalique, Constable No. 988032 of Thoubal District and obtain acknowledgement of receipt and send to State Home Deptt. for record.
8. Guard file."
WP(C) No. 706 of 2009
3. In WP(C) No. 706 of 2009, the petitioner, Md. Abdul Khalique has challenged the aforesaid dismissal order dated 31.10.2009 issued by invoking the provision under clause (c) of the Second Proviso to Article 311(2) of the Constitution of India.
3.2. It is the case of the petitioner that the petitioner entered service as a constable having been appointed under order dated 26.10.1998 and had undergone necessary police verification and training. It has been stated that in course of his service, the petitioner was involved in various counter insurgency operations because of which, the petitioner earned many laurels. In recognition of the commendable service rendered by him, he was recommended to undergo the course on "Counter-Insurgency and Combating Terrorism" w.e.f. 11.9.2006 to 20.10.2006 in the North Eastern Police Academy which he successfully completed. He was also awarded "Good Service Marks". However, to the great shock and surprise to the petitioner, inspite of his meritorious service rendered and having taken part in various c........