GAHC020001392025 2026:GAU-NL:273 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

KOHIMA BENCH Case No. : WP(C)/50/2025 SHRI LANUTOSHI S/O LT. SENDONGYANGER, R/O UNGMA VILLAGE, DISTRICT MOKOKCHUNG, NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND

2:THE HOME COMMISSIONER GOVERNMENT OF NAGALAND

3:THE DIRECTOR GENERAL OF POLICE NAGALAND KOHIMA

4:THE SUPERINTENDENT OF POLICE MOKOKCHUNG NAGALAN Advocate for the Petitioner : TOSHI O. LONGKUMER, Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR JUDGMENT AND ORDER (CAV)

Date : 18-05-2026 Heard Mr. Toshi O Longkumer, learned counsel for the petitioner.

Also heard Ms. A. Ayemi, learned Government Advocate for the State respondents.

2. The challenge in this present writ petition is to an order dated 30.11.2023, issued by the Superintendent of Police, Mokokchung, Nagaland imposing the penalty of dismissal from service upon the petitioner on conclusion of a departmental proceeding instituted against him.

3. The facts in brief requisite for adjudication of the issues arising in the present writ petition is noticed as under.

4. The petitioner was issued with a show cause notice requiring him to explain with regard to his consumption, use and procurement of Narcotic substances. While such show cause notice was pending, the petitioner was arrested on 01.07.2023, in connection with Mokokchung PS case no. 12/2023 registered under Section 21(b) of the NDPS Act basing on an allegation of possession of contraband substances. On the petitioner being placed under detention, the Superintendent of Police, Mokokchung, Nagaland vide order dated

03.07.2023, proceeded to place the petitioner under suspension pending drawal of departmental proceeding against him. Thereafter, a Memorandum of Charge dated 04.07.2023, came to be issued to the petitioner framing 2 (two) Article of Charge, therein. On the same date, vide an order dated 04.07.2023, the Disciplinary Authority of the petitioner proceeded to direct for holding of an enquiry with regard to the charges framed against the petitioner vide the Memorandum of Charge dated 04.07.2023 and for that purpose appointed an Enquiry Officer as well as a Presenting Officer. It is to be noted that at that relevant point of time, the petitioner in connection with police case instituted against him, was behind the bars.

5. It is projected in the writ petition that although the petitioner was behind bars, he had prepared a written statement of defence against the said Memorandum of Charge dated 04.07.2023, however, he was not allowed to submit the same by the Disciplinary Authority. It is projected that an enquiry was held within the jail premises, wherein, the petitioner was so detained and on conclusion of the said enquiry, the Enquiry Officer submitted a report in the matter holding the charges levelled against the petitioner to have been established. The Disciplinary Authority of the petitioner, on a perusal of the said Enquiry report, without, however, forwarding a copy thereof to the petitioner, proceeded vide the order dated 30.11.2023, to concur with the findings of the Enquiry Officer and thereby, held the charges levelled against the petitioner vide the Memorandum of Charge dated 04.07.2023 to have been established.

6. Basing on the said conclusion, the petitioner came to be imposed with the penalty of dismissal from service. The petitioner thereafter submitted a representation dated 11.03.2025 before the Director General of Police, Nagaland praying for revocation of the order of penalty on the ground that he was not given all due opportunity to defend his case during the enquiry. The said representation, however, not being considered, the petitioner had instituted the present proceeding.

7. Mr. Toshi O Longkumer, learned counsel for the petitioner by reiterating the facts noted, herein above, at the outset has submitted that alth