By this petition, the petitioner is praying for quashing the order of the DIG of Police (Range-IV), Senapati the 6.8.2002 for awarding extreme penalty of removal from service to the petitioner by enhancing the minor penalty imposed by the appointing authority i.e. Superintendent of Police, Ukhrul, Manipur dated 6.6.2002 for awarding punishment of withholding three increments with cumulative effect from the date of issuance of the order and also for quashing the order of Superintendent of Police, Ukhrul dated 20.8.2002 issued in pursuance of the order of the DIG (Range-IV) dated 6.8.2002 for awarding extreme penalty of removal from service with immediate effect to the petitioner.

2. Heard Mr.N.Kotishwar, learned counsel for the petitioner and Mr.Jalal, learned Govt.Advocate for the respondents.

3. Succinct fact of the petitioner's case is that on 29.6.2000, Inspector, L.Ragui who was the Officer-in-charge of Ukhrul, Police Station had proceeded to Imphal informing the petitioner that he was going to collect some court exhibits from Imphal and before leaving Ukhrul he handed over the charge of Ukhrul Police Station to the petitioner. The Governor of Manipur in exercise of power conferred by Section 7 read with Section 46 of the Police Act, 1861 issued order being No.7/41/73-POL, Imphal 6.9.74 that the Assam Police Manual Part I-IV shall be deemed to be the Rule framed by the Government of Manipur. According to Rule 180 of the AP Manual Part-III all arms and component parts, when not in use will be kept in the armoury and ammunitions in the magazines should be kept in the store rooms and Sergeant Major or Officer-in-charge, Reserve will keep the keys of the armoury and magazines and will be responsible for proper care of the arms and ammunitions and Superintendents of Police are personally responsible for the arms and duty. At the time of handing over the charge of Ukhrul Police Station to the petitioner by the Inspector, Shri L.Ragui, one Head Constable Shri S.Koireng being the Head Constable of the Ukhrul Police Station kept the keys of the Kote Room of Ukhrul Police Station in his custody. In compliance with Rule 180 of the AP Manual Part-III when the charge of Ukhrul Police Station was handed over by Shri L.Ragui, Inspector to the petitioner, the key of the Kote Room of Ukhrul Police Station was with the Head Constable, S.Koireng and Head Constable, S.Koireng continued to keep the keys of the Kote Room of Ukhrul Police Station in his custody. Even when the O.C, Ukhrul Police Station was present, the said Head Constable Shri S.Koireng used to keep the keys of the Kote Room of Ukhrul Police Station.

4. On 1.7.2000 at about 7.30 PM after evening roll call, one Shri M.L.Surrender, an Assistant Teacher who hails from the same village of the petitioner came to the Ukhrul Police Station to inform the petitioner that the wife of the petitioner was lying seriously ill and it is also case of the petitioner that wife of the petitioner had been undergoing treatment for her illness for the last about ten years and as a result thereof her left part of the body was almost paralyzed. Because of the serious illness of his wife, petitioner on his request to the higher authority had been posted to the Ukhrul Police Station which is only 1 ½ kms from his village, Hundung where his wife was lying seriously ill at his house. Thus, on getting the said information about the illness of his wife, the petitioner made necessary arrangements for handing over charge of the Police Station to his immediate subordinate officer, i.e. ASI, Aza Thomas. The petitioner also had his dinner at the Police Station on that day as no dinner would be available at that hour of the evening at home and the petitioner also preferred an application addressed to the SDPO, Ukhrul for giving night pass on 1.7.2000 and laid the application on the table with strict instruction to ASI, Aza Thomas to submit the same to the SDPO, Ukhrul. The petitioner also instructed ASI Aza Thomas

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