Manipur High Court
Shri. Moirangthem Chourajit ... vs The State Of Manipur Represented ... on 15 November, 2021
IN THE HIGH COURT OF MANIPUR
KABORAM Digitally signed
AT IMPHAL
by
BAM KABORAMBAM
SAPANA SAPANA CHANU W.P.(C) No. 815 of 2015
Date: 2021.11.15
CHANU 12:46:22 +05'30'
Shri. Moirangthem Chourajit Singh, aged about 53 years, S/o M. Angou
Singh, resident of Porompat Chuthek, Ayangpalli Road, P.O. Imphal, P.S.
Porompat, Imphal East District, Manipur.
... Petitioner/s
-Versus -
1. The State of Manipur represented by the Principal Secretary/
Commissioner/Secretary (Education/S), Government of Manipur;
2. The Director of Education (S), Government of Manipur.
3. The Additional Director of Education (S), Government of Manipur
4. The Accountant General (A&E), Manipur;
5. The Under Secretary (Finance/PIC);
........Respondent/s
6. Shri Loyalakpa Wahengbam Ananta, aged about 48 years, S/o Shri
Wahengbam Apabi Singh, resident of Sagolband Tera Keithel, P.O.
Imphal & P.S. Lamphel, Imphal West Districgt, Manipur.
.......Private Respondent/s
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the Petitioner : Mr. Juno Rahman, Advocate.
For the respondents : Mr. K. Jagat, GA.
Date of Hearing : 25.10.2021.
Date of Judgment & Order : 15.11.2021
W.P. (C) No. 815 of 2015 Page 1
JUDGMENT & ORDER
(CAV)
Heard Mr. Juno Rahman, learned counsel appearing for the
petitioner and Mr. K. Jagat, learned Government Advocate (GA) appearing
for the respondents No. 1 to 5. None appeared for the respondent No. 6.
[2] The facts of the present case in a nutshell is that the petitioner, who
is a meritorious sportsman, was initially appointed as Assistant Graduate
Teacher temporarily in the Kha Imphal High School by an order dated
01.06.1990 issued by the Director of Education (S), Government of
Manipur. The said post of Assistant Graduate Teacher held by the
petitioner was later on re-designated as Assistant Inspector of Schools
(Physical Education) by an order dated 13.12.1991 issued by the
Commissioner (Education), Government of Manipur.
[3] Subsequently, by an order dated 27.05.1996 issued by the
Government, the post of Assistant Inspector of Schools (Physical) was re-
designated as Sports Promotion Officer (S.P.O) and the petitioner was
allowed to hold the said re-designated post. Thereafter, by an order dated
06.07.2004 issued by the Government, the said post of Sports Promotion
Officer held by the petitioner was re-designated as Joint Director
(Sports/Physical).
[4] The aforesaid order dated 06.07.2004 re-designating the post of
Sports Promotion Officer held by the petitioner as Joint Director was
challenged by the private respondent No. 6 by filing W.P.(C) No. 1002 of
W.P. (C) No. 815 of 2015 Page 2
2005 before the Hon'ble Gauhati High Court. In the said petition, the
Hon'ble Gauhati High Court was pleased to pass a judgment and order
dated 15.09.2009 setting aside the said Government order dated
06.07.2004. In compliance with the judgment and order dated 15.09.2009
passed by the Hon'ble High Court in the aforesaid writ petition, the State
Government issued an order dated 08.12.2014 cancelling the earlier order
dated 06.07.2004 and the petitioner was thereafter, reverted back to the
post of Sports Promotion Officer.
[5] It is the case of the petitioner that while the petitioner was holding
the post of Sports Promotion Officer, the Additional Director of Education
(S), Government of Manipur wrote a letter dated 28.09.1998 requesting the
petitioner to furnish his original H.S.L.C./P.U.C./B.A./Sports certificates
along with service book not later than 06.10.1998 for onward transmission
to the Government. In response to the said letter, the petitioner wrote a
letter dated 16.10.1998 addressed to the Director of Education (S),
Manipur, submitting therewith his original certificates of H.S.L.C, P.U.C and
B.A. and also stating that his service book may be obtained from the
establishment section of Education (S) and also requesting to return the
original certificate when done with.
Mr. Juno Rahman, learned counsel appearing for the
petitioner strenuously submitted that the petitioner submitted his Sports
certificate along with his educational certificates and that this factum is
W.P. (C) No. 815 of 2015 Page 3
clearly indicated in the said letter as the petitioner clearly mentioned all the
documents enclosed in the said letter.
[6] It has further been submitted by Mr. Juno Rahman that after the
petitioner submitted his original educational certificates, the concerned
authorities of the Education (S) Department took up process for verification
of the petitioner's educational certificates and in that process, the Deputy
Registrar-I of the Manipur University in his letter dated 10.11.1998, verified
that the P.U.C and B.A. certificates of the petitioner are genuine.
It has also been submitted that the Director of Education (S),
Government of Manipur under his letter dated 01.09.2005 addressed to the
Sub-Treasury Officer (Moirang), Government of Manipur have clearly
stated that the service records of the petitioner are found eligible and
hence, a request was made to release the due pay and allowances of the
petitioner. On completion of the verification of his educational certificates
and service records, the petitioner submitted an application dated
16.02.1999 to the Director of Education (S), Government of Manipur for
returning his educational and Sports certificates as the same were very
much required for his personal use. However, the authorities have not
returned back the petitioner's original certificates till date.
[7] It is on record that the respondent No. 6 submitted an application
dated 05.04.2014 under section 6(1) of the Right to Information (R.T.I.) Act,
2005 to the concerned State Public Information Officer (S.P.I.O.)/
W.P. (C) No. 815 of 2015 Page 4
Additional Director of Education (S/Hills), Government of Manipur
requesting for furnishing certain information and documents relating to the
present petitioner. Among the information sought for, the followings are
also included:-
"(ii) As Shri M. Chourajit Singh was appointed under the
Scheme of appointment of Meritorious Sportsman. The discipline
under which he has been treated as meritorious sportsman is
required.
"(iii) Certified copy of the Sports Certificate of Shri M. Chourajit
Singh by which he was treated as a Meritorious Sportsman may
kindly be furnished.
"(iv) Whether Shri M. Chourajit Singh was a National Player in
any event of Sports? If so, name the discipline of sport he
represented Manipur be furnished.
"(v) Whether approval of the Administrative Department was
taken at the time of appointment of Shri M. Chourajit Singh as
Assistant Graduate Teacher? If so, copy of the said
approval/covey order or the concerned department may also be
furnished."
[8] On receiving the aforesaid R.T.I. application, the concerned State
Public Information Officer furnished a copy of the said R.T.I. application to
the petitioner under an U.O. dated 20.06.2014 requesting the petitioner to
make available the information/documents sought at Para No. (ii) to (viii) of
the said R.T.I. application at an early date for furnishing the same to the
applicant within a stipulated time as provided under the R.T.I. Act.
Instead of furnishing the required information, the petitioner
wrote a letter dated 15.12.2014 to the Additional Director of Education
(S/H), Government of Manipur, stating, inter alia, as under:-
W.P. (C) No. 815 of 2015 Page 5
"At the very outset, it is to submit that all the relevant
documents in connection with the aforesaid case is a matter
connected with the maintenance of record by the office and
the undersigned would have little role to play.
That, it is stated that time and again, the undersigned
has given his reply in connection with the enquiry for
production of relevant documents.
That, it is further reiterated that the original
certificates of educational qualification and sports were
submitted to your good office in connection with
appointment of the undersigned and the same has not been
returned back to the undersigned despite application for
returning back the certificates was submitted as early as in
1999. Thus, your good office being the custodian of the
original certificates will be able to produce the aforesaid
documents submitted in connection with appointment of the
undersigned.
In the circumstances as stated above, the
undersigned earnestly request your good office to find out
the where about of all my original certificates and
documents submitted in connection with my appointment for
avoiding inconveniences to all concern."
[9] When the concerned State Public Information Officer (S.P.I.O.) failed
to provide the information and documents sought for in the R.T.I.
application dated 05.04.2014, the respondent No. 6 filed Writ Petition being
W.P.(C). No. 566 of 2015 before this Court and in the said writ petition, this
Court passed an order dated 06.08.2014 directing the State Public
Information Officer to supply the information sought for by the respondent
No. 6 in his application dated 05.04.2014 in accordance with the provisions
of R.T.I. Act within 10(ten) days. When the authorities failed to comply with
the directions of this Court, the respondent No. 6 approached this Court
again by filing Contempt Case (C) No. 241 of 2014 with a prayer for
W.P. (C) No. 815 of 2015 Page 6
punishing the concerned officials for their willfull and deliberate
disobedience of the order of this Court.
[10] In view of the inability of the petitioner to furnish the required
information and documents and also in view of the report of the Director of
Education (S) as contain in his letter dated 02.02.2015 to the effect that the
official file containing the relevant documents as claimed by the petitioner
remained untraceable despite maximum efforts, the Deputy Secretary,
Education (S), Government of Manipur wrote a letter dated 01.04.2015 to
the petitioner requesting the latter to furnish verified photocopies of the
relevant documents which were submitted to the S.P.I.O. (Hills), Directorate
of Education (S) including a certified copy of the Sports certificate under
which the petitioner was treated as a meritorious Sportsman on or before
13.04.2015 for necessary action in connection with the Contempt Case
pending before this Court.
[11] In response to the aforesaid letter dated 01.04.2014, the petitioner
submitted a letter dated 13.04.2015 to the Deputy Secretary, Education (S),
Government of Manipur which read as under:-
"To
The Deputy Secretary, Education (S)
Government of Manipur.
Subject: Contempt Case(C) No. 241 of 2014
Loyalakpa Wahengbam Ananta
-Vs-
Dr. J. Suresh Babu and Others
Ref: Office letter dated 1-4-2014
W.P. (C) No. 815 of 2015 Page 7
Sir,
I, the undersigned, in inviting a reference to the office letter as
referred above directing the undersigned to furnish verified
photocopies of the relevant documents which were submitted to the
SPIO (Hills) Directorate of Education (S) including a certified copy of
the sports certificate under which the undersigned is treated as a
Meritorious Sportsman to the State Government on or before 13th April,
2015, it is to state that the undersigned have already informed the
Directorate office vide letter dated 15-1-2015 and earlier occasions
vide letter dated 15-12-2014 and office letter dated 1-12-2014 that the
relevant documents having being submitted to the Directorate Office
and which are yet to be returned to the undersigned and therefore, the
Directorate being the custodian of the documents, the veracity,
authenticity and correctness of the same can be well verified from the
Directorate office. However, to the shock and surprise of the
undersigned, the file containing the aforesaid documents is reported to
be untraceable.
That, the undersigned could not be held responsible for any
liability arising out of the non-production/untraceable of the relevant
wanted documents as responsibility and liability of the documents is
with the office of the Directorate Office which is the custodian of the
aforesaid documents.
That, the undersigned having received several such intimation
from the Directorate as well as the State Government for submission of
the undersigned's original certificates despite having full knowledge
that the original documents of the undersigned are in the custody of
the Directorate Office, it is to state that any continued effort from the
end of the competent authority directing the undersigned to produce
the aforesaid documents will be considered as a calculated action to
escape liability from the responsibility of making very original certificate
untraceable.
In the circumstances as stated above, it is to inform that your
office may take up such necessary action for tracking out the missing
file which contained the relevant original documents including Sports
certificate so that the same be returned to the undersigned for future
reference. Further, the undersigned would be compelled to take up
such recourse as available under the law for initiating criminal liability
for misplacing the original certificates of the undersigned.
For which act of kindness, the undersigned would always
remained obliged.
Yours faithfully,
W.P. (C) No. 815 of 2015 Page 8
Dated/Imphal
The 13th April, 2015 Sd/-
(M. Chourajit Singh)
SPO
Education (S) Department, Government of Manipur,
Manipur, Imphal."
[12] In view of the reply given by the petitioner in his letter dated
13.04.2015 quoted hereinabove, the Deputy Secretary, Education (S),
Government of Manipur wrote a letter dated 12.06.2015 requesting the
petitioner to furnish the name of the discipline under which the petitioner is
treated as a meritorious Sports person, the year in which he had
participated the game as a National player and the Institution/Board, etc.,
by which the Sports certificate was issued so that the departments may
collect the copy of the certificate from the concerned Institution. The
petitioner was also requested to submit a duplicate copy of the Sports
certificate by collecting the same from the Institution concerned.
[13] On failing to get any positive response from the petitioner, the
Deputy Secretary, Education (S) again wrote a letter dated 31.07.2015
requesting the petitioner again to furnish (i) name of the discipline under
which he was treated as a meritorious Sports person (ii) the year in which
he had participated the game as a National player and (iii) the
Institution/Board etc., by which the Sports certificate was issued. In the
letter, the petitioner was also informed to furnish the required information to
W.P. (C) No. 815 of 2015 Page 9
the Government within a period of 15 (fifteen) days positively, failing which
he may be treated as "NOT A SPORTS PERSON".
[14] Instead of furnishing the required information which was in his
knowledge, the petitioner submitted a representation with a prayer for
returning back his original educational and Sports certificates which have
been submitted at the time of his appointment and verification process OR
to refrain from demanding/asking for the same, time and again without any
adequate reason.
[15] After considering the aforesaid representation dated 02.08.2015
submitted by the petitioner and in response thereto, the Director of
Education (S), Government of Manipur wrote a letter dated 11.09.2015
addressed to the petitioner stating, inter alia, that the queries/information
sought for by the Government in its letter dated 31.07.2015 were not
addressed by the petitioner in his reply/letter dated 02.08.2015 and that the
petitioner is supposed to know the answers/replies to the queries of the
Government made in its letter dated 31.07.2015 and that the petitioner's
refusal to answer/address to them tantamount to refusal to co-operate with
the Government, which was unbecoming of Government servant/employee.
The petitioner was also requested to co-operate with the Government and
to furnish the required information on or before 20.09.2015, failing which
necessary action as deemed fit and proper shall be taken against him
without further information in that regard.
W.P. (C) No. 815 of 2015 Page 10
[16] Feeling aggrieved by issuance of the above letter dated 11.09.2015,
the petitioner assailed the same by filing the present writ petition before this
Court. By an order dated 09.10.2015 passed by this Court in the present
writ petition, the impugned letter dated 11.09.2015 was suspended.
[17] Mr. Juno Rahman, learned counsel appearing for the petitioner
strenuously submitted that the impugned letter dated 11.09.2015 is
arbitrary, whimsical and coercive, inasmuch as, it was issued without
considering several representations submitted by the petitioner stating that
the required information/documents have already been submitted to the
concerned authorities and are in their custody and that the impugned letter
have been issued without any substantial basis and such act and conduct
of the Government amounts to harassing or putting the petitioner into
unnecessary hardship and therefore, bad in law.
[18] The learned counsel also submitted that the act and conduct of the
Government in issuing the impugned letter without addressing and
considering several representations of the petitioner manifestly shows that
an active process has been taken to cover up the consequential liability of
the Government to maintain and to return the original certificates of the
petitioner and that such action and conduct of the Government is arbitrary,
unreasonable, improper and violative of the fundamental right of the
petitioner guaranteed under the Constitution of India.
W.P. (C) No. 815 of 2015 Page 11
[19] The learned counsel further submitted that the consistent efforts of
the Government inducing the petitioner to furnish the original documents
solely for the purpose of disposing of the R.T.I application of the private
respondent without even considering its legality and propriety amounts to
colourable exercise of power, which is impermissible in law.
[20] The learned counsel lastly submitted that in the case of R.T.I
application filed by the petitioner seeking certain information relating to the
private respondent, the Government did not furnish any information sought
for by the petitioner on the ground that the relevant information or
documents are not in the custody of the S.P.I.O. and that such an attitude
of the Government towards similar Government employees is very
unbecoming of an authority and violates the right to equality as enshrined in
the Constitution of India.
[21] Mr. K. Jagat, learned GA appearing for the respondents No. 1 to 5
submitted that the petitioner never submitted his original Sports certificate
when he was asked to do so by the Additional Director of Education (S),
Government of Manipur in his letter dated 28.09.1998 and that the
assertion of the petitioner that he had submitted his original Sports
certificate along with his letter dated 16.10.1998 is clearly erroneous or
misconceived. The factum of non-submission of his original certificate by
the petitioner is clearly evident from a bare perusal of the petitioner's letter
dated 16.10.1998 wherein he never mentioned the submission of his
W.P. (C) No. 815 of 2015 Page 12
original Sports certificate while he clearly mentioned about submission of
his original educational certificate in his said letter.
[22] The learned GA further submitted that even assuming that the
petitioner had submitted his original Sports certificate, nothing prevents him
from submitting the photocopies of his original Sports certificate or to
furnish the information sought for by the Government regarding the name of
the discipline under which he was treated as a meritorious Sports person,
the year in which he had participated the game as a National player and the
Institution/Board etc., by which the Sports certificate was issued. In fact,
such information are required not only for verification as to whether the
petitioner is a meritorious Sports person or not, but also to enable the
concerned authorities of the Government to collect duplicate copies from
the concerned Institution/Board. It has been submitted that the refusal of
the petitioner to furnish such information which is within his personal
knowledge is nothing but to prevent authorities from finding out the truth
and correctness of his claim to be a meritorious Sports person.
[23] The learned GA further submitted that the Government is acting well
within its power and jurisdiction to demand from the petitioner to submit
such information and no illegality has been committed by the Government
in issuing the impugned letter dated 11.09.2015 and accordingly, no
interference is called for from this Court.
W.P. (C) No. 815 of 2015 Page 13
[24] After hearing the learned counsel appearing for the parties and after
perusal of the records, this Court is of the considered view that there is no
substance in the arguments advanced by the learned counsel appearing for
the petitioner for the following reasons:-
(a) Even accepting the statement of the petitioner that he
had already submitted his original Sports certificate to the concerned
authorities and that such certificate remains untraceable while in the
custody of the concerned authorities, it is open to the Government to
take necessary steps like in the present case to reconstruct the
records by obtaining duplicate copies of the original from the
concerned Institution/Board after necessary verification. Such action
of the Government can never be termed, by any stress of the
imagination, to be unreasonable, arbitrary or illegal;
(b) As the petitioner was initially appointed as a meritorious
Sports person, it is well within the power and authority of the
Government to take necessary steps at any point of time during the
service period of the petitioner, for verification as to whether the
petitioner is really a deserving and eligible meritorious Sports person
or not, when any doubt arises. The Government being the employer
of the petitioner have the power and authority and also acting within
the four corners of law to demand the aforesaid information so as to
enable it to verify and obtain necessary duplicate copies of the
W.P. (C) No. 815 of 2015 Page 14
Sports certificate of the petitioner for the reconstruction of relevant
files and also for the purpose of deciding as to whether the petitioner
is a meritorious sports person or not;
(c) This Court is of the considered view that the information
sought for by the authorities from the petitioner should be within the
personal knowledge of the petitioner if he is really a meritorious
Sports person as claimed by him and the petitioner can easily furnish
such information if he is willing to do so as there is no impediment
and difficulty on the part of the petitioner in furnishing such
information. Accordingly, this Court cannot accede to the grounds
raised by the petitioner for his refusal to furnish the informations
sought for by the authorities.
[25] So far as the ground about discriminatory treatment of the petitioner
and the respondent No. 6 with regard to furnishing of information under the
R.T.I. Act as raised by the counsel for the petitioner is concerned, it is to be
pointed out that the petitioner remained satisfied and take up no action
when the authorities failed to give necessary information on the ground that
the information sought for were not available with them, whereas the
respondent No. 6 approached this Court by filing writ petition challenging
the action or non co-operation of the authorities and obtained favourable
orders from this Court directing the concerned authorities to supply the
information sought for by him.
W.P. (C) No. 815 of 2015 Page 15
In view of the above, it can hardly be said that the petitioner
and the respondent No. 6 stand at the same footing or are similarly
situated. It is trite to point out that equals should be treated equally and
unequals should be treated unequally.
[26] For the reasons and findings given hereinabove, this Court is not
inclined to interfere with the impugned letter dated 11.09.2015 and
accordingly, the present writ petition fails and the present writ petition is
dismissed, however, without any costs.
[27] Interim order passed earlier stands vacated.
JUDGE
FR/NFR
Lhaineichong
W.P. (C) No. 815 of 2015 Page 16
