Manipur High Court
The Office Of The Lokayukta ... vs Shri Thokchom Kaminimohon Singh on 18 April, 2022
[1]
SHOUGR Digitally
by
signed
AKPAM SHOUGRAKPAM
DEVANANDA
DEVANAN SINGH IN THE HIGH COURT OF MANIPUR
Date: 2022.04.18
DA SINGH 09:24:48 +01'00'
AT IMPHAL
MC(WP(C)) No. 93 of 2022
(Ref:- WP(C) No. 161 of 2022)
The Office of the Lokayukta Manipur through its Secretary having its
office at 3rd Floor, Directorate Complex 2nd M.R. Gate, North A.O.C.,
Imphal, Imphal East District, Manipur, Pin - 795005.
...Applicant
-Versus -
1. Shri Thokchom Kaminimohon Singh, aged about 66 years, S/o (L)
Th. Tonjam Singh, the then E.E./Transmission Construction Division
No. 1, now re-engaged as General Manager, MSPCL, resident of
Wangkhei Ayangpalli near Leima Keithel, P.O. & P.S. Porompat,
Imphal East District, Manipur, Pin - 795005.
2. Shri Manoharmayum Budhachandra Sharma, aged about 65 years,
S/o (L) M. Brajamani Sharma, the then E.E./Sub-Station
Construction Division No. II (now re-engaged as General Manager,
MSPCL), resident of Kwakeithel Moirangpurel Leikai, P.O. & P.S.
Singjamei, Imphal West District, Manipur, Pin - 795008.
....Principal Respondents
3. The State of Manipur represented by the Chief Secretary to the
Government of Manipur, Old Secretariat at Babupara, P.O. & P.S.
Imphal, Imphal West District, Manipur-795001.
4. The Principal Secretary/Commissioner/Secretary (Power) to the
Government of Manipur, Old Secretariat at Babupara, P.O. & P.S.
Imphal, Imphal West District, Manipur-795001.
5. The Manipur State Power Company Ltd. (MSPCL) represented by
its Managing Director having its office at Keishampat Junction, P.O.
& P.S. Imphal, Imphal West District, Manipur-795001.
6. Shri Thiyam Nirosh Singh, aged about 48 years of Singjamei
Chingamakha Meisnam Leikai, P.O. & P.S. Singjamei, Imphal West,
Manipur-795008.
7. Smt. Lucy Haokip, General Manager (Finance & Accounts), MSPCL,
now working as Treasury Officer, Imphal West at Treasury Office at
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
[2]
Lamphelpat, P.O. & P.S. Lamphel, Imphal West District, Manipur-
795004.
8. Shri Ranendra Nandeibam, General Manager (Finance & Accounts)
MSPCL, Keishampat Junction, P.O. & P.S. Imphal, Imphal West
District, Manipur-795001.
9. Shri Thokchom Bimol Singh, DGM/Sub-Station Division No. III,
MSPCL, Keishampat Junction, P.O. & P.S. Imphal, Imphal West
District, Manipur-795001.
10. Shri A. Rajendra Sharma, the then AE/Lokchao Sub-Station (now
re-engaged as DGM/Transmission Div. No. III, MSPCL, Keishampat
Junction, P.O. & P.S. Imphal, Imphal West District, Manipur-795001.
11. Shri Y. Chandramani Singh, the then AE Sub-Station Sub-Division
No. III (now retired), resident of Wangkhei Lourembam Leikai, P.O.
Imphal, P.S. Porompat, Imphal East District, Manipur-795001.
12. Shri Gurumayum Tapan Kumar Sharma, Manager (Electrical),
MSPCL SDD-III, Keishampat Junctiion, P.O. & P.S. Imphal, Imphal
West District, Manipur-795001.
13. Shri Lunkholal Lupho, Manager, Sub-Division XI, TD-III, MSPCL at
Lamphelpat, P.O. & P.S. Lamphel, Imphal West District, Manipur-
795001.
14. Shri O. Yaiskul Singh, the then S.O. Transmission Contruction Div.
No. 1 (now retired), resident of Thongju Koirou, Manipur University
Gate, P.O. Canchipur & P.S. Singjamei, Imphal East District,
Manipur-795003.
15. M/S Shyama Power (India) Pvt. Ltd. Though its General Manager
having its registered office at 15 & 16 Hartron Complex, Electronic
City, Sector-18 (part) Gurgaon-122015, Haryana (India).
... Proforma Respondents
-AND-
IN THE MATTER OF:
WP(C) No. 161 of 2022
1. Shri Thokchom Kaminimohon Singh, aged about 66 years, S/o (L)
Th. Tonjam Singh, the then E.E./Transmission Construction Division
No. 1, now re-engaged as General Manager, MSPCL, resident of
Wangkhei Ayangpalli near Leima Keithel, P.O. & P.S. Porompat,
Imphal East District, Manipur, Pin - 795005.
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
[3]
2. Shri Manoharmayum Budhachandra Sharma, aged about 65 years,
S/o (L) M. Brajamani Sharma, the then E.E./Sub-Station
Construction Division No. II (now re-engaged as General Manager,
MSPCL), resident of Kwakeithel Moirangpurel Leikai, P.O. & P.S.
Singjamei, Imphal West District, Manipur, Pin - 795008.
... Petitioner
-Versus-
1. The Office of the Lokayukta Manipur through its Secretary having
its office at 3rd Floor, Directorate Complex 2nd M.R. Gate, North
A.O.C., Imphal, Imphal East District, Manipur, Pin - 795005;
2. The State of Manipur represented by the Chief Secretary to the
Government of Manipur, Old Secretariat at Babupara, P.O. &
P.S. Imphal, Imphal West District, Manipur-795001.
3. The Principal Secretary/Commissioner/Secretary (Power) to the
Government of Manipur, Old Secretariat at Babupara, P.O. &
P.S. Imphal, Imphal West District, Manipur-795001.
4. The Manipur State Power Company Ltd. (MSPCL) represented
by its Managing Director having its office at Keishampat Junction,
P.O. & P.S. Imphal, Imphal West District, Manipur-795001.
5. Shri Thiyam Nirosh Singh, aged about 48 years of Singjamei
Chingamakha Meisnam Leikai, P.O. & P.S. Singjamei, Imphal
West, Manipur-795008.
... Principal Respondents
6. Smt. Lucy Haokip, General Manager (Finance & Accounts),
MSPCL, now working as Treasury Officer, Imphal West at
Treasury Office at Lamphelpat, P.O. & P.S. Lamphel, Imphal
West District, Manipur-795004.
7. Shri Ranendra Nandeibam, General Manager (Finance &
Accounts) MSPCL, Keishampat Junction, P.O. & P.S. Imphal,
Imphal West District, Manipur-795001.
8. Shri Thokchom Bimol Singh, DGM/Sub-Station Division No. III,
MSPCL, Keishampat Junction, P.O. & P.S. Imphal, Imphal West
District, Manipur-795001.
9. Shri A. Rajendra Sharma, the then AE/Lokchao Sub-Station
(now re-engaged as DGM/Transmission Div. No. III, MSPCL,
Keishampat Junction, P.O. & P.S. Imphal, Imphal West District,
Manipur-795001.
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
[4]
10. Shri Y. Chandramani Singh, the then AE Sub-Station Sub-
Division No. III (now retired), resident of Wangkhei Lourembam
Leikai, P.O. Imphal, P.S. Porompat, Imphal East District,
Manipur-795001.
11. Shri Gurumayum Tapan Kumar Sharma, Manager (Electrical),
MSPCL SDD-III, Keishampat Junctiion, P.O. & P.S. Imphal,
Imphal West District, Manipur-795001.
12. Shri Lunkholal Lupho, Manager, Sub-Division XI, TD-III, MSPCL
at Lamphelpat, P.O. & P.S. Lamphel, Imphal West District,
Manipur-795001.
13. Shri O. Yaiskul Singh, the then S.O. Transmission Contruction
Div. No. 1 (now retired), resident of Thongju Koirou, Manipur
University Gate, P.O. Canchipur & P.S. Singjamei, Imphal East
District, Manipur-795003.
14. M/S Shyama Power (India) Pvt. Ltd. Though its General Manager
having its registered office at 15 & 16 Hartron Complex,
Electronic City, Sector-18 (part) Gurgaon-122015, Haryana
(India).
...Proforma Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the Applicant :: Mr. M. Rarry, Advocate
For the respondents :: Mr. N. Kumarjit, AG, Manipur;
Mr. N. Ibotombi, senior Advocate &
Mr. N. Jotendro, senior Advocate.
Date of Hearing :: 12-04-2022
Date of Order :: 18-04-2022
O R D E R
[1] The present application has been filed by the above named
applicant with a prayer for directing the registry of this High Court to list
the connected writ petition i.e., WP(C) No. 161 of 2022 before the Hon'ble
Chief Justice on the administrative side for placing the matter before a
larger bench of this High Court.
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
[5]
Heard Mr. M. Rarry, learned Advocate appearing for the
applicant, Mr. N. Jotendro, learned senior Advocate appearing for the
respondent Nos. 1 and 2 and Mr. N. Kumarjit, learned Advocate General,
Manipur appearing for the respondent Nos. 3 and 4 and Mr. N. Ibotombi,
learned senior Advocate appearing for the respondent Nos. 9 and 10.
None of the other remaining respondents appeared before this court
despite service of notice upon them.
[2] The learned counsel appearing for the applicant submitted that
the High Court of Andhra Pradesh, High Court of State of Telangana at
Hyderabad and other High Courts in the country incorporated in their
respective High Court rules that a Division Bench will hear matters
challenging the order passed by the Lokayukta and Upa-Lokayukta but
while framing the High Court of Manipur Rules, 2019, it has inadvertently
not mentioned the manner in which a petition challenging the order passed
by the Manipur Lokayukta is to be heard. However, under Rule 3(1)(d) of
Chapter IV-A of the High Court of Manipur Rules, 2019, it is provided that
an application shall be heard by a Division Bench if a Single Judge refer
such application to the Chief Justice for placing it before a Division Bench
having regard to the importance or complexity of the case. For ready
reference, the provisions of the aforesaid Rule 3(1) of Chapter IV-A of the
High Court of Manipur Rules, 2019 are reproduced hereunder:-
"3(1) Every such application shall be made and heard
before the Single Bench except where the Chief Justice
otherwise directs:
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
[6]
Provided that such application falling within any one or
more of the following categories shall be heard by a
Division Bench except where the Chief Justice otherwise
directs:
(a) Public Interest Litigation;
(b) Habeas Corpus Application;
(c) Application relating to externment or deportation;
(d) Any application which a Single Judge may refer to the
Chief Justice for placing it before the Division Bench
having regard to the importance or complexity of the
case.
(e) Writ petition in which constitutional validity of any
Act, Rules or any provisions thereof have been
challenged."
[3] The learned counsel for the applicant also submitted that in an
earlier round of litigation between the same parties and in respect of the
same complaint case which was pending before the Manipur Lokayukta,
a writ petition being WP(C) No. 899 of 2021 was filed by the present writ
petitioners before this court for quashing the order dated 19-11-2021 and
other connected orders of the Manipur Lokayukta and that while taking up
the said writ petition and on the submission made by the counsel
appearing for the parties for placing the matter before the larger bench,
the learned Single Judge passed an order on 13-12-2021 in the aforesaid
writ petition directing the registry of this court to list the matter before the
Hon'ble Chief Justice on administrative side for appropriate order and
thereafter, the Hon'ble Chief Justice directed the registry for listing the said
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
[7]
writ petition before the Division Bench and the said writ petition was heard
by a Division Bench and dismissed the same on merit on 20-12-2021.
[4] The learned counsel appearing for the applicant also submitted
that all the writ petitions being WP(C) No. 75 of 2022, WP(C) No. 616 of
2022, WP(C) No. 168 of 2022 and WP(C) No. 171 of 2022, which have
been filed assailing the order dated 07-02-2022 passed by the Manipur
Lokayukta, were all placed before the Division Bench of this court and in
fact WP(C) No. 75 of 2022 is still pending for consideration and disposal
by a Division Bench of this court.
In view of the above, Mr. M. Rarry, submitted that it will be
just and proper for this court to refer the connected WP(C) No. 161 of 2022
to the Hon'ble Chief Justice for placing it before a Division Bench having
regard to the importance and complexity involved in the said writ petition.
[5] Mr. M. Rarry, further submitted that while considering the prayer
for passing the interim order in WP(C) No. 75 of 2022, a Division Bench
of this court comprising of the Hon'ble Chief Justice and another Hon'ble
Judge declined to grant any interim relief and accordingly, rejected the
prayer for granting interim relief and that if any interim relief is granted by
this court while hearing the connected writ petition, there will be conflicting
order of this court on the same set of facts, subject matter and between
the same parties.
It has also been submitted by the learned counsel for the
applicant that on the recommendation made by the Manipur Lokayukta in
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
[8]
its order dated 07-02-2022 passed in Complaint Case No. 2 of 2020,
criminal proceeding against the writ petitioners have already been initiated
by registering an FIR No. 4(02)2022 CB-PS u/s 7(b)/13 PC Act & 120-
B/34 IPC.
The learned counsel submitted that if the connected WP(C) No.
161 of 2022 is allowed by quashing and setting aside the impugned order
passed by the Manipur Lokayukta, the criminal proceeding against the writ
petitioners and others will also go as a natural consequences.
In view of the above, it has been submitted that the proceeding
in the connected WP(C) No. 161 of 2022 is in the nature of criminal
proceeding and that in view of the important and complex issues involved
in the said writ petition, it would be expedient and in the interest of justice
to refer the matter to the Hon'ble Chief Justice for placing it before a
Division Bench as provided under the aforesaid Rule 3(1)(d) of the High
Court of Manipur Rules, 2019.
The learned counsel for the applicant cited the judgment
rendered by the Hon'ble Apex Court in the case of "Ram Kishan Fauji
Vs. State of Haryana and ors.", reported in (2017) 5 SCC 533, (paras 28
to 31, 45, 51 to 56 and 61).
[6] Mr. N. Ibotombi, learned senior counsel appearing for the
respondent Nos. 9 and 10 submitted that initially WP(C) No. 161 of 2022,
WP(C) No. 168 of 2022 and WP(C) No. 171 of 2022, assailing the
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
[9]
judgment and order dated 07-02-2022 passed by the Manipur Lokayukta
in Complaint Case No. 2 of 2020, were listed before a Division Bench of
this High Court. When the said writ petitions were listed on 07-03-2022
before a Division Bench comprising of the Hon'ble Chief Justice and
Hon'ble Justice M.V. Muralidaran, it was pointed out that as per the
provisions of the High Court of Manipur Rules, 2019, the said writ petition
is to be heard by a Single Judge and not by a Division Bench and the said
Division Bench passed an order on 07-03-2022 directing the registry to list
the said three cases before a Single Bench. It is also submitted by the
learned senior counsel that the said order was passed by the Division
Bench after hearing the submission made on behalf of the petitioners and
after due consideration and also in the presence of the learned counsel
appearing for the applicant.
It is further submitted by the learned senior counsel appearing
for the respondent Nos. 9 and 10 that since a Division Bench comprising
of the Hon'ble Chief Justice of this High Court had already passed a
judicial order for listing the connected writ petitions before a Single Bench,
this court may not have the power and jurisdiction to pass any judicial
order contrary to the order passed by the said Division Bench. The learned
senior counsel further submitted that if the applicant is at all aggrieved by
the order dated 07-03-2022 passed by the Division Bench in the aforesaid
writ petition, it is open to the applicant to approach the Division Bench of
this court either for modification of the said order or for recalling the same
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
[10]
by filing appropriate applications or review petitions. The learned senior
counsel further submitted that the present application is not at all
maintainable and deserve to be dismissed as being devoid of merit. Mr.
N. Jotendro, learned senior counsel appearing for the respondent Nos. 1
and 2 endorsed the submissions advanced by the senior counsel
appearing for the respondent Nos. 9 and 10.
[7] The present application has been filed with a prayer for referring
the connected writ petition to the Hon'ble Chief Justice for placing the said
writ petition before the Division Bench having regard to the importance
and complexity of the case as provided under Rule 3(1)(d) of Chapter IV-
A of the High Court of Manipur Rules, 2019. After hearing the rival
submissions of the learned counsel appearing for the parties and after
careful consideration, this court is of the considered view that even though
a Single Judge of this court is empowered to refer the case to the Hon'ble
Chief Justice for placing it before a Division Bench having regard to the
importance or complexity of the case as provided under Rule 3(1)(d) of
Chapter IV-A of the High Court of Manipur Rules, 2019, this court cannot
exercise that power in the present case as a Division Bench of this court
comprising of the Hon'ble Chief Justice had already passed a judicial order
on 07-03-2022 in the connected writ petitions directing for listing the said
writ petitions before a Single Bench of this court and this court is bound
by the said order .
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
[11]
This court is also of the considered view that if any order is
passed by this court as prayed for by the applicant in the present
application, such order will not only be contrary or conflicting to the order
dated 07-03-2022 passed by the Division Bench in the connected writ
petition, but the same will also be a nullity inasmuch as this court has no
jurisdiction or power to pass any order which has the effect of superseding
or overriding the order passed by the Division Bench of this court.
[8] In view of the above, this court is not inclined to entertain the
present application and accordingly, the same is hereby dismissed,
however without any cost.
Needless to mention here that the applicant is at liberty to
approach this court by filing appropriate petition before the appropriate
forum for redressing any of its grievances.
JUDGE
FR/NFR
MC(WP(C)) NO. 93 OF 2022 CONTD.../-
