Khekhomba Wangkhem vs The Union Of India Through The ...
2021 Latest Caselaw 4 Mani

                       IN THE HIGH COURT OF MANIPUR
                                  AT IMPHAL
                             W.P.(C) No.581 of 2019
         Khekhomba Wangkhem, aged about 37 years, S/o (L) W. Modhu
         Singh, at present serving as Deputy Commandant/CASO, CISF Unit
         ASG, Imphal Airport, having a permanent resident of Chingmeirong
         East, P.O. Lamlong & P.S. Lamphelpat, Imphal East District, Manipur-
         795010.
                                                                  ... Petitioner
                                      -Versus -

      1. The Union of India through the Secretary, Ministry of Home Affairs,
         Government of India, North Block, New Delhi-110001.
      2. The Director General, Central Industrial Security Force, CGO
         Complex, Lodhi Road, New Delhi-110003.
      3. The Assistant Inspector General (PERS), Central Industrial Security
         Force, CGO Complex, Lodhi Road, New Delhi-110003.
      4. Shri L. K. Haokip, CASO/Commandant, CISF Unit, ASG Guwahat,
         LGBI, Borjhar, Guwahati, Assam-781015.
                                                              ... Respondents
                           B E F O R E
               HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

           For the Petitioner          :   Mr. I. Denning, Advocate.
           For the respondents         :   Mr. S. Vijayanand Sharma, Sr.
                                           PCCG.
           Date of Hearing             :   22.10.2020
           Date of Judgment & Order    :   11.01.2021


                                  JUDGMENT

(CAV)

[1] Heard Mr. I. Denning, learned counsel appearing for the petitioner

and Mr. S. Vijayanand Sharma, learned Sr. PCCG appearing for the

respondents.

W.P. (C) No. 581 of 2019                                                   Page 1
 [2]    The present writ petition has been filed praying for quashing and

setting aside the impugned enquiry notice dated 20.07.2019 issued by the

CASO/Commandant, CISF Unit ASG, Guwahati for conducting a

preliminary enquiry into the allegations made against the present writ

petitioner.

The relevant facts of the present case in a nut shell is that the

petitioner was transferred and posted to ASG, Imphal as Deputy

Commandant/Exe by an order dated 09.10.2017. After serving for about

1(one) year at the ASG, Imphal, the petitioner was again transferred at

ONGC, Nazira by an order dated 18.10.2018. Feeling aggrieved, the

petitioner assailed the said new transfer order by filing WP(C) No. 1022 of

2018 before this Court. In the said writ petition, this Court passed an

interim order suspending the operation of the impugned transfer order.

[3] When the respondents in the above mentioned writ petition filed their

counter affidavits, it has been stated that on the basis of a confidential

report raising serious allegations against the petitioner, the petitioner had

been transferred to facilitate conducting of a preliminary enquiry against

him to find out the veracity of the allegations.

[4] It will be pertinent to mention here that the learned counsel for the

respondents placed before this Court the relevant official files under a

sealed cover for perusal of this Court to substantiate their statements. On

perusal of the said official file, it is found that a report dated 05.10.2018

W.P. (C) No. 581 of 2019 Page 2 was submitted by the Deputy Inspector General, CISF AP(E & NE) HQrs,

Kolkata to the ADG/APS, CISF APS HQrs, New Delhi, raising serious

allegations against the petitioner.

On the basis of the said report dated 05.10.2018 submitted by

the DIG, CISF AP(E & NE) HQrs, Kolkata,the petitioner had been

transferred from ASG, Imphal to ONGC, Nazira to facilitate conducting the

preliminary enquiry against the petitioner to find out the veracity of such

allegations.

[5] As a next step towards conducting the contemplated preliminary

enquiry, the ADG/APS CISF directed Shri. L.K. Haokip, Commandant &

CASO, ASG, Guwahati to conduct the preliminary enquiry and submit

report by 30.11.2018. Pursuant to the direction of the ADG/APS, CISF, the

AIG/Airport Sector wrote a letter dated 08.11.2018 requesting Shri L.K.

Haokip, Commandant & CASO, ASG, Guwahati requesting him to conduct

a preliminary enquiry into the allegations against the petitioner and to

submit the report by 30.11.2018 for perusal of the competent authority.

[6] Subsequently, Shri L.K. Haokip, the preliminary enquiry officer,

wrote a letter dated 16.11.2018 to the Deputy Commandant & CASO, CISF

Unit, ASG, Imphal Airport, informing the latter about holding of the

proposed preliminary enquiry and requesting to ensure the presence of

CISF personnel for examination and for recording their statements.

However, the proposed preliminary enquiry was postponed until further

W.P. (C) No. 581 of 2019 Page 3 order by letter dated 19.11.2018 issued by the aforesaid preliminary

enquiry officer.

It has been stated by the respondents in their counter

affidavits that the proposed preliminary enquiry was kept on hold since this

Court had granted interim stay on the transfer order of the writ petitioner

and as he continue to remain posted as CASO, ASG Imphal and as it was

felt that the witness would find it difficult to depose freely since the

petitioner continued to be their supervisory officer.

[7] Considering the gravity of the allegations made against the

petitioner, the authorities decided to resume the said preliminary enquiry as

the matter has been pending for more than 10(ten) monthsand such graved

allegation cannot be kept suspended indefinitely. Accordingly, in order to

ensure a fair and transparent preliminary enquiry, the authorities, after

collecting certain information and necessary where-about of witnesses, the

impugned enquiry notice dated 20.07.2019 was issued by the preliminary

enquiry officer notifying about conducting of the preliminary enquiry against

the petitioner and also calling the witnesses, whose names are reflected in

the said enquiry notice, to report at the office of the enquiry officer at

Guwahati for recording their statements.

[8] Against the said impugned enquiry notice, the petitioner submitted a

representation to the Director General, CISF stating, inter alia, that he was

not given any intimation about the proposed enquiry and that the enquiry is

W.P. (C) No. 581 of 2019 Page 4 just to intimidate and mentally harassed him. That the initiation of the

enquiry is biased and totally uncalled for in the light of the proceedings

pending in this Court and that he had not been given any opportunity to

defend himself against the adverse report, etc.

The petitioner thereafter, filed the present writ petition

assailing the said enquiry notice dated 20.07.2018.

[9] Mr. I. Denning, learned counsel appearing for the petitioner

submitted that there is no adverse report against the petitioner and that the

respondents have initiated the preliminary enquiry against the petitioner

just to vindicate the statements made by the respondents in their counter

affidavits filed in connection with WP(C) No. 1022 of 2018, filed by the

present writ petitioner challenging his transfer order. The learned counsel

accordingly submitted that the impugned enquiry notice deserves to be

quashed and set aside.

[10] It is also submitted by the learned counsel for the petitioner that the

Commandant, CISF Unit, ASG, Guwahati is not competent and has no

authority to hold the preliminary enquiry and accordingly on this count also

the impugned enquiry notice deserves to be quashed and set aside.

[11] Mr. S. Vijayanand Sharma, learned counsel for the respondents, on

the other hand submitted that the contemplated preliminary enquiry is a

process for checking the veracity of the allegations made against the

petitioner and if the allegations is found to be true, then to collect evidences

W.P. (C) No. 581 of 2019 Page 5 in support of the allegations to enable the authorities to hold a full fledged

departmental enquiry. It is submitted that it is a fundamental principle of

administrative law that the disciplinary authority can conduct preliminary

enquiry without any encumbrance in public interest and such preliminary

enquiry can be held behind the back of the petitioner and there is no

requirement under law that the petitioner should be given a chance to

defend himself. Only when a full fledged departmental enquiry is held, then

the authorities has to conduct such enquiry by observing the principle of

natural justice and after hearing all the parties concerned.

[12] After hearing both the counsel appearing for the parties and after

examining relevant records, it is found that the Deputy Inspector General,

CISF, AP (E & NE) HQrs, Kolkata submitted a report dated 05.10.2018 to

the ADG/APS, CISF raising serious allegations against the petitioner and

on the basis of the said report steps has been taken by the authorities for

conducting the preliminary enquiry to find out the veracity of such

allegations made against the petitioner. Accordingly, the ADG/APS, CISF

directed Shri L.K. Haokip, the preliminary enquiry officer to conduct a

preliminary enquiry and submits a report and as per directions of the

competent authorities, the appointed preliminary enquiry officer issued the

impugned enquiry notice.

In view of the above, this Court find no substance in the

submissions made on behalf of the petitioner that there is no report raising

W.P. (C) No. 581 of 2019 Page 6 allegations against the petitioner and that the respondents have initiated

the preliminary enquiry against the petitioner just to vindicate the

statements made by the authorities in their counter affidavits filed in

connection with WP(C) No. 1022 of 2018, which was filed by the petitioner

challenging his transfer order. This Court also find no substance in the

submissions made by the counsel for the petitioner that the Commandant,

CISF Unit ASG, Guwahati is not competent and has no authority to hold

the preliminary enquiry, inasmuch as, the said Commandant had been

appointed as the enquiry officer by the ADG, APS CISF, who is the

competent authority,to conduct the preliminary enquiry against the

petitioner.

In view of the above, this Court finds no merit in the present

writ petition and accordingly, the present writ petition is dismissed,

however, without any costs.

Interim order passed earlier stands vacated.

JUDGE

FR/NFR Lhaineichong

Yumk Digitally signed by Yumkham ham Rother Date: 2021.01.14

Rother 11:13:19 +05'30'

W.P. (C) No. 581 of 2019 Page 7