Petitioner was appointed as Rifleman in the Manipur Rifles, Government of Manipur on 8.3.78 and he joined service on 21.3.78 and he was posted as Rifleman in the 6th Bn. Manipur Rifles. While he was so continuing in service, under order dated 5.6.84 passed by the commandant, 6th Bn. Manipur Rifles, service of the petitioner was terminated under proviso to Sub rule 1 of Rule 5 of Central Civil Services(Temporary Services) Rules, 1965 as in Annexure-A/1 to the writ petition. The petitioner filed departmental appeal seeking for his reinstatement in his confirmed post which was rejected by the Dy. I.G. of Police(OPs). Hence, the present writ petition under Article 226 of the Constitution of India challenging the aforesaid order of termination from service.

2. Mr. T. Nandakumar Singh, learned Sr. Counsel has urged many grounds including that the order of termination is on the ground of misconduct which is the foundation of the order of termination and as such the termination order is liable to be quashed for not complying with the Article 311 (2) of the Constitution of India. Again, in the course of argument learned Sr. Counsel has raised an important point in the present case that the service condition of the petitioner is regulated by statutory rules under which the petitioner shall be deemed to have been confirmed in service and as such service of the petitioner cannot be terminated under Rule 5 of the CCS(Temporary Services) Rules, 1965 as the said provision of Temporary Service Rules is not applicable in the present case.

3. Admittedly, though the petitioner was appointed as Rifleman in the Manipur Rifles, he is the member of the Manipur Police and as such conditions of service and other service laws of Manipur Police apply in case of the Rifleman serving in various Battalions of Manipur Rifles. In the course of hearing Mr. T. Nandakumar Singh as well as Mr. R.K. Jayanta, learned Government Advocate submitted that earlier there was some doubt with regard to the applicability of the provisions of Assam Police Manual (hereinafter A.P. Manual) and as such person appointed in the Manipur Police were terminated under the provisions of CCS(Temporary Services) Rules, 1965 and again some provisions of the A.P. Manual were also followed. In this regard Mr. T. Nandakumar has produced a copy of the Gazette Notification dated 7.9.74 wherein it is found that under order dated 6.9.74 the Governor of Manipur clarified that A.P. Manual Part-I to V will be applicable to Manipur Police force. The aforesaid order of the Governor is reproduced below:

“ MANIPUR GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 134 Imphal, Saturday, Sept. 7,1974 (Bhadra 16,1896).

GOVERNMENT OF MANIPUR

SECRETARIAT: HOME DEPARTMENT

ORDERS BY THE GOVERNOR OF MANIPUR

Imphal, the 6th Sept. 1974.

No. 7/41/73 POL.I- In exercise of the powers conferred by Section 7 read with Section 46 of the Police Act, 1861(V of 1861), the Govt. of Manipur is pleased to order that the rules laid down in the Assam Police Manual parts I to V shall be deemed to be the rules framed by the State Government of Manipur for application to the Manipur Police Force, with such alterations and modifications, not affecting the substance, as may be necessary having regard to the existing Administrative Set-up in the State.

2. Further, the Governor of Manipur is pleased to order that for the aforesaid purpose the Manipur Rifles shall be deemed to be a part of the Manipur Police Force.

3. This order will take effect immediately.

(Emphasised).

Sd-

A. Dwijamani Singh Under Secy, to the Govt. of Manipur."

4. Sections 7 and 46 of the Indian Police Act, 1861 confer powers upon the State Government to make Rules and the respective sections indicate the field on which the rules may be made. In the present case the above order of the Government dated 6.9.74 indicates that the Governor of Manipur declares that those provisions in A.P. Manual shall be the rules framed by the State Government of Manipur. If an A