Writ Appeal No. 1 of 2016. Case: Union of India and Ors. Vs Manzil Thapa. Meghalaya High Court

Case NumberWrit Appeal No. 1 of 2016
CounselFor Appellant: K. Paul, Adv. and For Respondents: L. Khiangte, Adv.
JudgesDinesh Maheshwari, C.J. and S. R. Sen, J.
IssueConstitution of India - Article 311
Judgement DateMarch 30, 2016
CourtMeghalaya High Court


Dinesh Maheshwari, C.J.

  1. By way of this intra-court appeal, the respondents of WP(C) No. 337 of 2014 seek to question the order dated 26.08.2015 whereby, the learned Single Judge of this Court has allowed the writ petition filed by the present respondent (the writ petitioner) assailing the order dated 12.07.2014, as passed by the Deputy Inspector General Assam, Rifles Training Centre and School, P.O. Dimapur (Nagaland) dismissing him from service on the alleged ground of submission of false information at the time of enrollment.

  2. Put in a nutshell, the relevant background aspects of the matter are that in response to the advertisement issued by the appellants inviting applications for recruitment in Assam Rifles, the writ petitioner offered his candidature for the post of Nursing application for recruitment, particularly those relating to the aspects of domicile and address, have a bearing on the subject matter of this appeal. These particulars have been taken note of by the learned Single Judge and are reproduced for ready reference as under:-

  3. The writ petitioner successfully participated in the recruitment process and was ultimately issued the appointment letter on 25.03.2013. In compliance of the directions in the appointment letter dated 25.03.2013, the writ petitioner produced the documents in original including domicile certificate and permanent residential certificate mentioning that he was a domicile of the State of Manipur with his permanent residence being at Kanglatongbi, Vijaynagar, Lamsang within Imphal West District. However, it appears that the writ petitioner was allotted the vacancy in the State of Meghalaya and, therefore, he made an application on 16.02.2014 seeking allotment of vacancy of the State of Manipur while asserting that he was a permanent resident of the said State of Manipur. The contents of the application so made by the writ petitioner have also been taken note of by the learned Single Judge and the same are reproduced for ready reference as under:-

    Manzil Thapa
    No. 3 Trg Bn
    Shukhoni, Dimapur,


    Assam Rifles Training Centre and School,
    Record Office, Dimapur, Nagaland.

    Sub: Requesting for changing of my home
    address and to allotted the vacancy of
    Manipur State instead of Meghalaya State.

    Respected Sir,

    I would like to state the following lines for your kind consideration and favourable action please.

    That Sir,

    I No. M/5024991M, Rect/NA, Manzil Thapa of Kohima Company, No. 3 Training Battalion, with an I.D. No.:-0944 was being appointed as a Nursing Assistant in Assam Rifles, joined on 01 May...

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