The High Court of Manipur on Thursday set aside the disengagement order of Thoubal SP against Village Defence Force (VDF) and restored to the strength and roll of VDF Thoubal with immediate effect, stating that disengagement order of the Thoubal SP is in violation of the principles of natural justice.
A single bench of the Manipur HC stated that the period between date of disengagement, i.e, from January 2, 2021 to May 23, 2024 (date of this order) shall be treated as in service. And, VDF shall be entitled to 50 per cent of back honorarium and allowances as admissible, the HC added.
VDF Md Zakir Hussain filed the petition to the HC under Article 226 of the Constitution of India to quash and set aside the impugned disengagement order dated January 2, 2021 issued by the Superintendent of Police, Thoubal.
In the petition, he complained that he was disengaged from being a member of Village Defence Force (VDF) without affording an opportunity of being heard and without any enquiry on allegation of dereliction of duty upon escape of an accused from police custody.
Subsequently, the escaped person was apprehended and re-arrested, but he was later asked to stay home by taking away the service ID without assigning any duty and later on, after three or four months, he came to know that he was disengaged from his service. However, no order copy was served to him at the time of disengagement from the service, the VDF complained.
The HC stated that in short, dis-engagement order is an alternative term of removal from service and that the disengagement order without any notice is bad on this ground alone.
And also, the state government has issued an Office Memorandum dated October 18, 2022 laying down the service conditions of VDF. In para (vi), it is made mandatory to issue show cause notice to a VDF personnel to explain about the charges against him before passing any adverse order by SP and appellate forum is provided before DIG.
The HC stated that the dis-engagement order, i.e., removal from service, was issued on January 2, 2021 itself, the day on which the accused escaped from police custody without affording any opportunity. The enquiry was conducted only on January 8, 2021, where some of the regular police personnel were awarded with minor penalties. But, the VDF (petitioner) was awarded with a major penalty of removal from service without any show cause and enquiry.
The HC Court opined that the disengagement order dated January 2, 2021 passed by the Superintendent of Police, Thoubal is in violation of the principles of natural justice.
Hence, the HC set aside the Thoubal SP order and directed to pay arrears of honorarium and allowances, within a period of three months from Thursday.
“It is clarified that the State respondents are at liberty to conduct an enquiry in terms of the Office Memorandum dated October 18, 2022 against the petitioner for the alleged dereliction of duty, if so advised, within a period of three months from the date receipt of a copy of this order, failing which the same shall stand abated”, added the HC.
