With help of AI, HC reinstates dismissed VDF man
Source: The Sangai Express
Imphal, May 23 2024:
The High Court of Manipur has reinstated the service of the Village Defence Force (VDF) personnel who was sacked for alleged dereliction of duty which resulted in the escape of an accused person from police custody.
In a first, the Court of Justice A Guneshwar Sharma took the help of AI platform--ChatGPT to search and record information regarding the establishment and service conditions of the Village Defence Force.
The VDF personnel who has been reinstated to service today by the Court has been identified as Md Zakir Hussain, 36, of Sangaiyumpham Nungphou Mamang, Thoubal district.
Zakir had filed a plea before the Court against his dismissal from the service claiming he wasn't given any opportunity to be heard on the allegations levelled against him.
On January 2, 2021, Zakir was assigned the duty to be sentry at the gate of the Thoubal police station and look after the lockup where an accused person namely Naorem Romen alias Nanao was held.
While he was on duty, Naorem Romen escaped from custody.
The Court observed that the incident that happened was beyond the control of Zakir as the Commander was absent at the time and the police station was poorly fenced.
While Romen was re-arrested later, Zakir was asked to stay home without assigning any duty and his service ID was taken away.
3-4 months later, Zakir came to know that he had been disengaged from service.
No copy of the order dismissing him from service was served to him, observed the Court.
The Court further observed he was disengaged from service the same day Romen escaped.
A counter-affidavit, filed in the Court by the Superintendent of Police, Thoubal, stated that an enquiry report was submitted by the Sub-Divisional Police Officer of Thoubal on January 8 which said Zakir had committed negligence and dereliction of duty.
The Thoubal Police, through the counter-affidavit, prayed the Court to dismiss Zakir's plea as "devoid of merit" .
As the Court found that the counter-affidavit didn't mention any information on the service condition of the VDF, it took the help of AI platform ChatGPT and did its own research.
During the search, the Court found an office memorandum issued by the Home Department on October 18, 2022 wherein it was stated that a show cause notice to explain the charge against a VDF personnel must be given mandatorily.
While Zakir was disengaged from service on January 2, 2021--the day Romen escaped, the enquiry was conducted only on January 8, 2021 awarding minor penalty to some regular police personnel.
The Court observed that Zakir wasn't given any notice as laid down in the service conditions of the VDF, and the disengagement order of January 2, 2021 issued by the Superintendent of Police Thoubal is in violation of natural justice.
Setting aside the disengagement order, the Court said Zakir's service has been restored with immediate effect and the period from January 2, 2021 (disengagement) to May 23, 2024 (today) shall be treated as in service.
Zakir shall be entitled to 50 percent of back honorarium and allowances as admissible.
The State respondents are at liberty to conduct an enquiry against Zakir for alleged dereliction of duty, if so advised, within a period of three months from today, failing which the same shall stand abated, ordered the Court.
The honorarium and allowances shall be paid within a period of three months, said the Court.
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