JUDGMENT

One Shri R. K. Tomalsana Singh. (now dead) at the relevant time was serving, as Sub-Inspector of Police in State of Manipur. He was suspended from service by an order dated Oct. 26, 1964 by the Superintendent of Police, Manipur being the disciplinary authority, pending a departmental enquiry against him. The Enquiry Officer submitted his report holding that the charges levelled against the delinquent were proved whereupon the Superintendent of Police after giving second opportunity to the delinquent officer dismissed him from service by the- order dated May 11, 1965. This order dismissing the original petitioner-respondent herein from service was questioned in Civil Writ Application No. 5 of 1967 in the Court of Judicial Commissioner, Manipur. The learned Judicial Commissioner accepted the petition holding that the enquiry was not held in accordance with the relevant rules as were in force and therefore, consequential action of dismissal from service was without the authority of law. In reaching this conclusion the contention that found favour with the Court was that the order made by Chief Commissioner, Manipur dated July 27, 1951 whereby the rules included in the Assam P