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MRIDUL KUMAR KALITA
Aosenla Pongener D/O T. Wati Ao – Appellant
Versus
State Of Nagaland, Represented Through The Chief Secretary – Respondent
JUDGMENT :
1. Heard Mr. C. T. Jamir, learned senior counsel assisted by Mr. Aliba Ozukum, learned counsel for the petitioner. Also heard Mr. N. Angami, learned Senior Government Advocate for the respondents.
2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner praying for setting aside and quashing the Inquiry report dated 07.04.2022 as well as removal order dated 08.06.2022 whereby the petitioner was removed from service under the Department of School Education, Nagaland without disqualification for future employment under the Government.
3. The petitioner’s case, in this writ petition, in brief, is as follows:-
The judgment emphasizes the importance of a fair and transparent inquiry process, ensuring the right to cross-examine witnesses and present a defense, as mandated by Rule 9 of the Nagaland Services (....
An appointment secured through fraudulent documents is void ab initio, and no formal inquiry is required for cancellation; fraud vitiates all actions taken under such circumstances.
Point of law: disciplinary authority and appellate authority passed the order of dismissal based upon such perverse enquiry report. Further, the punishment of dismissal is shockingly disproportionate....
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