Page No.# 1/3 GAHC020005582023 2025:GAU-NL:369 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/235/2023 SHRI. HOTOSHE S/O LT. SHIKUTO SUMI OF KICHILIMI VILLAGE, PUGHOBOTO SUB- DIVISION, R/O A.G. COLONY, KOHIMA, NAGALAND CONTACT NO. 8131065051 VERSUS THE STATE OF NAGALAND AND 3ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE HOME COMMISSIONER NAGALAND KOHIMA 3:THE DIRECTOR GENERAL OF POLICE PHQ NAGALAND 4:THE COMMANDANT 12TH NAP BN. (INDIA RESERVE) CHINGTOK LONGLEN Advocate for the Petitioner : Z. ZHIMOMI, T. SHANGCHIU,ABEL AYEMI,S K ACHUMI,TOSHI O. LONGKUMER Advocate for the Respondent : GOVT ADV NL, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH Date of Hearing : 05.08.2025 Date of Judgment : 05.08.2025 JUDGMENT AND ORDER (ORAL) Heard Ms. Z. Zhimomi, the learned counsel appearing on behalf of the petitioner and Ms. Livika V. Sumi, the learned Government Advocate appearing on behalf of the respondents. 2. The petitioner herein has assailed the termination of the petitioner vide order dated 14.06.2019 on the ground of alleged misconduct. 3. This Court heard the instant writ petition on 08.04.2025. While taking up the issue pertaining to the proportionality of the punishment, a submission was made on behalf of the respondents that instructions be allowed to be placed as to whether the respondents would like to reinstate the petitioner without back-wages. Taking into account the said submission, this Court fixed the matter on 10.04.2025. 4. On 10.04.2025, this Court had duly taken note of the submission so made by the learned counsel for the petitioner and as no instruction was obtained from the respondents, fixed the matter again on 24.04.2025 as to whether the respondents would be ready to reinstate the petitioner without back-wages. Page No.# 3/3 5. Today, Ms. Livika V. Sumi, the learned Government Advocate has placed before this Court an instruction dated 19.05.2025 issued by the Deputy Inspector General of Police, (ADM), Nagaland, Kohima whereby she was informed that the Disciplinary Authority is ready to reinstate the petitioner without back-wages. The said communication is kept on record and marked with the letter “X”. 6. The learned counsel appearing on behalf of the petitioner submitted that though the petitioner ought to have been granted some back-wages, but taking into account that the petitioner’s livelihood is the question, the petitioner would not insist upon the back-wages but would be satisfied if the petitioner is reinstated as constable without back- wages. 7. Taking into account the stand so taken by the Disciplinary Authority as recorded in the document kept on record marked with the letter “X”, this Court therefore disposes of the instant writ petition thereby directing the respondent authorities more particularly the respondent Nos. 2, 3 and 4 to take steps forthwith for reinstating the petitioner upon a certified copy of the present order is served upon the respondent No.4. The said reinstatement so directed to be made shall not be later than 15 days from such certified copy is submitted to the respondent No.4. JUDGE Comparing Assistant