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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
YARENJUNGLA LONGKUMER
Mahabir Paswan – Appellant
Versus
State Of Nagaland, Represented Through The Home Commissioner To The Govt. – Respondent
| Table of Content |
|---|
| 1. factual overview of petitions and history of disciplinary orders. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. petitioners' contention that criminal acquittal necessitates overturning disciplinary findings based on identical facts. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. respondents' argument on the independence of disciplinary proceedings from criminal trial outcomes. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 4. court holds internal disciplinary proceedings are distinct and hold finality if procedurally correct. (Para 27 , 28 , 29) |
| 5. dismissal of writ petitions due to lack of merit. (Para 30) |
ORDER :
YARENJUNGLA LONGKUMER, J.
WP(C) No. 203 (K)/2025 and WP(C) No. 204 (K)/2025 are disposed of by this common Order as both the petitions are similar in nature and pertains to the same issues.
2. The petitioner in WP(C)/203/2025 was appointed as NCE cook under the Police Department by an Order dated 30.04.2011, and he is serving the department till date. Based on a complaint, a criminal case was registered against the petitioner being Kohima South PS Case No. 0021/2018 U/S 420 IPC R/W 7/13 (2) of the Prevention of Corruption Act, 1988. In view of the registrati
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