Manipur High Court
The State Of Manipur vs Shri Athokpam Somorendro on 26 August, 2022
KABORA Digitally signed
by
MBAM KABORAMBAM
SANDEEP SINGH Item Nos.11 to 15
SANDEE Date:
P SINGH
2022.08.29
13:30:13 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
[I] WA NO.91 OF 2022
(Ref: W.P(C) No.247 of 2021)
1. The State of Manipur, through the Principal Secretary/Commissioner/
Secretary (CAF & PD), Govt. of Manipur, Secretariat Building, Babupara,
P.O. & P.S. Imphal, Imphal West District, Manipur-795001.
2. The Director, CAF & PD, Govt. of Manipur, P.O. & P.S. Imphal, Imphal
West District, Manipur- 795001.
...Appellants
-Versus-
1. Shri Athokpam Somorendro, aged about 29 years, S/o Athokpam
Sanajaoba, resident of Naharup Pangong Makhong, P.O. & P.S. Porompat
and District Imphal East, Manipur-795005.
2. Kamei Ajenba, aged about 47 years, S/o Kamei Merachao, resident of
Sangaiprou Kabui, Imphal, P.O. Imphal, P.S. Lamphel and District Imphal
West, Manipur - 795001.
3. TK.Moshil, aged about 31 years, S/o TK. Menai, resident of Langol
Village, P.O. Pallel, P.S. Tengnoupal & District Tengnoupal,
Manipur - 795135.
4. Nelson Nameirakpam, aged about 33 years, S/O Noren Singh
Nameirakpam, resident of Chingamakha Yanglem Leikai, Singjamei,
P.O. & P.S. Singjamei and District Imphal West, Manipur-795008.
5. Kamala Longmei, aged about 40 years, D/o Kadangpu Longmei, resident
of Sawombung Kabui Khunjao, P.O.Lamlong, P.S.Lamlai and District
Imphal East, Manipur-795010.
6. Temui Makunga Maring, aged about 27 years, S/o David Makunga,
resident of Koijam Village, P.O. & P.S. Khongjom and District Tengnoupal,
Manipur - 795148.
7. Kansam Mothil, aged about 27 years, S/o Kansam Leithil, resident of
Waithou Phunal Village, P.O. Lilong, P.S. Irilbung and District Imphal
East, Manipur-795001.
8. Marem Koreng Maring , aged about 37 years, S/o Marem Kotor Maring,
resident of Kanemram Village, P.O. Pallel, P.S. and District Tengnoupal,
Manipur -795135.
9. K. Manshintlung Tontanga, aged about 32 years, S/o K. Angrouning,
resident of Langol Village, P.O. Pallel, P.S.and District Tengnoupal,
Manipur - 795135.
10. K. Manshim Dangsawa, aged about 31 years, resident of Langol Village,
P.O. Pallel, P.S. Tengnoupal and District Chandel, Manipur-795135.
11. Lamthaka Medar Maring, aged about 23 years, S/o Lamthaka Modun
Maring, resident of Lamlong Khunou, P.O. Pallel, P.S.& District
Tengnoupal, Manipur-795135.
... Respondents
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 1
[II] WA NO.92 OF 2022
(Ref: W.P(C) No.279 of 2021)
1. The State of Manipur, through the Principal Secretary/Commissioner/
Secretary (CAF & PD), Govt. of Manipur, Secretariat Building, Babupara,
P.O. & P.S. Imphal, Imphal West District, Manipur-795001.
2. The Director, CAF & PD, Govt. of Manipur, P.O. & P.S. Imphal, Imphal
West District, Manipur- 795001.
...Appellants
-Versus-
Kamei Peikhollu, aged about 34 years, D/O Kamei Makunipou,
R/O Saolombung Kabui Khunjao, P.O. Lamlong, P.S Lamlai, District -
Imphal East, Manipur -795010.
... Respondent
[III] WA NO.93 OF 2022
(Ref: W.P(C) No.464 of 2021)
1. The State of Manipur, through the Principal Secretary/Commissioner/
Secretary (CAF & PD), Govt. of Manipur, Secretariat Building, Babupara,
P.O. & P.S. Imphal, Imphal West District, Manipur-795001.
2. The Director, CAF & PD, Govt. of Manipur, P.O. & P.S. Imphal, Imphal
West District, Manipur- 795001.
....Appellants
-Versus-
1. Elangbam Dayananda Singh, aged about 42 years, S/o (L) E. Ibomcha
Singh, resident of Lamlai Mayai Leikai, P.O. Lamlong, P.S. Lamlai, Imphal
East District, Manipur - 795010.
2. Ngangbam Binolata Chanu, aged about 45 years, S/o (L) Ng, Sanajaoba,
resident of Kangla Sangomsang Mayai Leikai, P.O. Lamlong, P.S. Lamlai,
Imphal East District, Manipur - 795010.
3. Irom Giri Singh, aged about 40 years, S/o (L) L. Gopimohom, resident of
Lamlai Awang Leikai, P.O. Lamlong, P.S. Lamlai, Imphal East District,
Manipur - 795010.
4. Huidrom Rabikanta Singh, aged about 30 years, S/O H. Rajen, resident of
Pungdongbam Makha Leikai, P.O. Lamlong, P.S. Lamlai, Imphal East
District, Manipur - 795010.
... Respondents
5. Shri Rajkumar Satyajeet Singh, aged about 28 years, S/O Rajkumar
Kumarjeet Singh, R/O Nongmeibung Pungmakhong,
P.O. & P.S. Porompat, District- Imphal East, Manipur- 795005.
6. Laishram Robertson Singh, aged about 25 years, S/O Laishram Surjit
Singh, R/O Nambol Maibam Chingmang, P.O. & P.S.Nambol,
District-Bishnupur, Manipur - 795134.
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 2
7. Shri M.Chungan, aged about 32 years, S/O M.Charmson, R/O Nagaram-
D-Block, Dingku Road, P.O. & P.S. Lamlong, District - Imphal East,
Manipur -795010.
8. Shri Benny Luikham, aged about 39 years, S/O (Late) Reisang Luikham,
R/O Deulahland, P.O.Porompat, P.S.Imphal, District-Imphal East,
Manipur-795001.
9. Shri Moirangthem Mahin, aged about 42 years S/O (Late) Moirangthem
Dhana Singh, R/O Awang Sekmai Bazar, P.O. Awang Sekmai, P.S.
Sekmai, District-Imphal West, Manipur- 795136.
10. Kumari Akoijam Bidyarani Chanu, aged about 25 years, D/O Akoijam
Mohari Meitei, R/O Athokpam Makha Leikai, P.O. Thoubal, P.S. Thoubal,
District-Thoubal, Manipur- 795138.
11. Shir Mayanglambam Niranjoy Meetei, aged about 27 years, S/O
Mayanglambam Momom Meetei, R/O Sekta Makha Leikai, P.O.Lamlong,
P.S. Lamali, District- Imphal East, Manipur- 795010.
12. Kumari Taorem Victoria Devi, aged about 29 years, D/O Taorem
Ibotomba Singh, R/O Yourabung Makha Leikai,P.O. Lamlong, P.S. Lamlai,
District-Imphal East, Manipur- 795010.
13. Shri Waikhom Ginachandra Singh, aged about 40years, S/O Waikhom
Kesho Singh, R/O Seijang Awang Leikai, P.O. Lamlong, P.S. Lamlai,
District -Imphal East,Manipur- 795010.
14. Mrs. Rojeena Irom, aged about 39 years, d/O Irom Nilachandra Singh,
R/O Kwakeithel Moirangpurel Leikai, P.O. Imphal, P.S. Kakwa, District-
Imphal West, Manipur - 795001.
15. Thokchom Robindro Singh, aged about 39 years, S/O Thokchom Rajen
Singh, R/O Koirou Thongju Part-II, P.O. Canchipur, P.S. Singjamei,
District- Imphal East,Manipur - 795001.
16. Kumari Oinam Linda Devi, aged about 24 years, D/O Oinam Thoiba
Singh, R/O Sagolband Tera Lukram Leirak, P.O. Imphal, P.S. Lamphel,
District - Imphal West, Manipur- 795001.
17. Miss Naulak Chingching Paite, aged about 29 years, D/O Naulak
Thangzachin Paite, R/O (RTRS) Staff Quarters Housing Complex, P.O.
Mantripukhri, P.S. Heingang, District -Imphal East, Manipur-795001.
18. Smt. Tongbram Robi Devi, aged about 36 years, D/O Tongbram
Mangibabu Singh, R/O Wangkhei Pukhrambam Leirak, P.O. Porompat,
P.S. Porompat, district- Imphal East, Manipur-795005.
19. Yengkokpam Hitler Singh, aged about 39 years, S/O Yengkokpam
Mohendro Singh, R/O Singjamei Wangma Kshetri Leikai Lane No.5
Thiyam Leirak, P.O.& P.s. Singjamei, District - Imphal East, Manipur -
795008.
20. Khaidem Romila Devi, aged about 25 years, D/O Khaidem Dhananjoy
Singh, R/O Sekta Makaha Leikai, P.O. Lamlong, P.S.Lamlai, District-
Imphal East, Manipur - 795010.
21. Kumari Rajkumari Preeti Devi, aged about 30 years, D/O R.K Sanayaima
Singh, R/O Thangmeiband, D.M College Colony, P.O. Imphal, P.S.
Lamphel, District -Imphal West, Manipur- 795001.
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 3
22. Kumari Thokchom Mary Chanu, aged about 37 years, D/O Thokchom
Rajen Singh, R/O Laipham Khunou Makaha Leikai, P.O. Heingang, P.S.
Heingang, District Imphal East, Manipur-795001.
23. Kumari Angom Priyata Devi, aged about 34 years, D/O Angom Manihar
Singh, R/O Awang Sekmai Makha Leikai, P.O. Sekmai, P.S. Sekmai,
District - Imphal West,Manipur- 795136.
24. Renuka Rajkumari, aged about 31years, S/O Rajkumar Amusana Singh,
R/O Nongmeibung Pung Makhong, P.O. Porompat, P.S. Porompat, District
-Imphal East, Manipur- 795005.
25. Shri Waikhom Basanta Singh, aged about 40 years, S/O (Late) Waikhom
Muktarei Devi, R/O Yaingangpokpi Sana Inkhol, P.O. Litan, P.S. Lamlai,
District- Imphal East, Manipur-795154.
26. Shri Sapam Bijaykumar, aged about 28 years, S/O Sapam Basan, R/O
Chalou Lamlai Bazar, P.O. Lamlong,P.S. Lamlai, District-Imphal East,
Manipur-795010.
27. Shri Sinam Boro Singh, aged about 44 years, S/O Sinam Mangi Singh,
R/O Kanguchingjin Khulen, P.O.Porompat, P.S.Lamlai, District - Imphal
East, Manipur -795005.
28. Sanasam Soken Singh, aged about 31 years, S/O S. Sobhachndra Singh,
R/O Sawombung Gate, P.O.Lamlong, P.S.Lamlai, District - Imphal East,
Manipur-795010.
29. Shri Lisham Ranjal Singh, aged about 36 years, S/O Lisham Nimaichand
Singh, R/O Wangkhei Thambal makhong Lisham Leirak, P.O.Porompat,
P.S.Porompat, District -Imphal East, Manipur-795001.
30. Shri Waikhom Malemnganba Meitei, aged about 22 years, S/O W. Brojen
Meitei, R/O Sabungkhok, P.O.Lamlong, P.S. Lamlai, District-Imphal East,
Manipur-795101.
31. Ngangom Salamba Singh, aged about 37 years, S/O Ngangom Chaoba
Singh, R/O Lamlai Mayai Leikai, P.O. Lamlong, P.S. Lamlai, District -
Imphal East, Manipur - 795010.
32. Sapam Romio Singh, aged about 27 years, S/O Sapam Ibocha Singh, R/O
Phaknung Makha Leikai, P.O. Lamlong, P.S. Lamlai, District - Imphal
East, Manipur - 795010.
33. Smt. Srimayum Mrinalini Devi, aged about 42 years, W/O Shija
Gurumayum Jadumani Sharma, R/O Maibam Lotpa Ching, P.O. & P.S.
Bishnupur, District Bishnupur, Manipur -795134.
34. Khumukcham Khomdonsana Singh, aged about 22 years, S/O (Late) Kh.
Modhu Singh, R/O Samaram Makha Leikai ,P.O. Wangjing, P.S.
Khongjom, District Thoubal , Manipur -795138.
35. Khaidem Sunil Singh, aged about 24 years, S/O Kh. Khova Singh, R/O
Pungdongbam Mayai Leikai, P.O. Lamlong, P.S. Lamlai, District-Imphal
East,Manipur -795010.
36. Miss Pangambam Nirmala Chanu, aged about 26 years, D/O Pangambam
Nimai Meitei, R/O Thoubal Athokpam Makaha Leikai, P.O. & P.S. Thoubal,
District- Thoubal, Manipur- 795138.
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 4
37. Okram Ratankumar Singh, aged about 22 years, S/O Okram Tomba
Singh, R/O Thoubal, P.O. & P.S. Thoubal, District- Thoubal, Manipur-
795138.
38. Ng. Mangangsana Meetei, aged about 30 years, S/O Ng. Rajendro
Meetei, R/O Yaingangpokpi, P.O. Litan, P.S. Lamlai, District-Imphal East,
Manipur-795145.
39. Chongtham Shanta Meetei, aged about 36years, S/O Ch. Biramangol
Meetei, R/O Yourabung Mayai Leikai, P.O. Lamlong, P.S. Lamlai, District -
Imphal East, Manipur - 795010.
40. Irungbam Lanchenba, aged about 23 years, S/O Irungbam (Ongbi)
Sanatombi, R/O Pungdongbam Makha Leikai, P.O. Lamlong, P.S. Lamlai,
District -Imphal East, Manipur- 795010.
41. Kshetrimayum Johnson Singh, aged about 25 years, S/O Kshetrimayum
Jeday Singh, R/O Sekta Awang Leikai, P.O. Lamlong, P.S. Lamlai, District
- Imphal East, Manipur- 795010.
42. Sandham Rojen Meetei, aged about 34 years, S/O Sandham Ibocha
Meetei, R/O Yourabung Khunou, P.O. Lamlong, P.S. Lamlai, District -
Imphal East, Manipur - 795010.
43. Sagolsem Bimol Singh, aged about 39 years, S/O Sagolsem Ibohalbi
Singh, R/O Takhel Mamang Leikai, P.O. Porompat, P.S. Lamlai, District -
Imphal East, Manipur - 795010.
44. Thounaojam Iboyaima Meetei, aged about 44 years, S/O Thounaojam
Merajaoba Meetei, R/O Sawombung Block Gatem, P.O. Lamlong, P.S.
Lamlai, District -Imphal East,Manipur- 795010.
45. Md. Sagir Khan, aged about 28 years, S/O Md. Tayeb Ali, R/O Thoubal
Moijing, P.O.& P.S.Thoubal, District Thoubal, Manipur-795138.
46. Pheiroijam Rohen Singh, aged about 37 years, S/O Pheiraoijam Ibochou
Singh, R/O Nongada,P.O. Lamlong, P.S.Lamlai, District-Imphal East,
Manipur-795010.
47. Khaidem Ibomcha Singh, aged about 40 years, S/O (Late) Kh. Irabot
Singh, R/O Pungdongbam Mayai Leikai, P.O. Lamlong, P.S. Lamlai,
District - Imphal East, Manipur- 795010.
48. Haobam Gobin Singh, aged about 41 years, S/ O (Late) Haobam
Angangjao Singh, R/O Itam Nungoi, P.O. Lamlong, P.S. Lamlai, District -
Imphal East, Manipur - 795010.
49. Ingudam Manihar Singh, aged about 41 years, S/O I. Romon Singh, R/O
Seijang Mayai Leikai, P.O. Nongada, P.S. Lamlai, District-Imphal East,
Manipur -795010.
.... Proforma Respondents
[IV] WA NO.94 OF 2022
(Ref: W.P(C) No.280 of 2021)
1. The State of Manipur, through the Principal Secretary/Commissioner/
Secretary (CAF & PD), Govt. of Manipur, Secretariat Building, Babupara,
P.O. & P.S. Imphal, Imphal West District, Manipur-795001.
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 5
2. The Director, CAF & PD, Govt. of Manipur, P.O. & P.S. Imphal, Imphal
West District, Manipur - 795001.
...Appellants
-Versus-
1. Shri Rajkumar Satyajeet Singh, aged about 28 years, S/O Rajkumar
Kumarjeet Singh, R/O Nongmeibung Pungmakhong, P.O. & P.S.Porompat,
District- Imphal East, Manipur- 795005.
2. Laishram Robertson Singh, aged about 25 years, S/O Laishram Surjit
Singh, R/O Nambol Maibam Chingmang, P.O. & P.S. Nambol, District-
Bishnupur, Manipur - 795134.
3. Shri M.Chungan, aged about 32 years, S/O M.Charmson, r/O Nagaram-D-
Block, Dingku Road, P.O.& P.S. Lamlong, District - Imphal East,
Manipur -795010.
4. Shri Benny Luikham, aged about 39 years, S/O (Late) Reisang Luikham,
R/O Deulahland, P.O.Porompat, P.S.Imphal, District-Imphal East, Manipur-
795001.
5. Shri Moirangthem Mahin, aged about 42 years S/O (Late) Moirangthem
Dhana Singh, R/O Awang Sekmai Bazar, P.O. Awang Sekmai, P.S. Sekmai,
District-Imphal West, Manipur- 795136.
6. Kumari Akoijam Bidyarani Chanu, aged about 25 years, D/O Akoijam
Mohari Meitei, R/O Athokpam Makaha Leikai, P.O. Thoubal, P.S. Thoubal,
District-Thoubal, Manipur- 795138.
7. Shir Mayanglambam Niranjoy Meetei, aged about 27 years, S/O
Mayanglambam Momom Meetei, R/O Sekta Makha Leikai, P.O.Lamlong,
P.S. Lamali, District- Imphal East, Manipur- 795010.
8. Kumari Taorem Victoria Devi, aged about 29 years,D/O Taorem Ibotomba
Singh, R/O Yourabung Makha Leikai,P.O. Lamlong,P.S. Lamlai, District-
Imphal East, Manipur- 795010.
9. Shri Waikhom Ginachandra Singh, aged about 40years, S/O Waikhom
Kesho Singh, R/O Seijang Awang Leikai, P.O. Lamlong, P.S. Lamlai, District
-Imphal East, Manipur- 795010.
10. Mrs. Rojeena Irom, aged about 39 years, d/O Irom Nilachandra Singh,
R/O Kwakeithel Moirangpurel Leikai, P.O. Imphal, P.S. Kakwa, District-
Imphal West, Manipur - 795001.
11. Thokchom Robindro Singh, aged about 39 years, S/O Thokchom Rajen
Singh, R/O Koirou Thongju Part-II, P.O. Canchipur, P.S. Singjamei,
District- Imphal East,Manipur - 795001.
12. Kumari Oinam Linda Devi, aged about 24 years, D/O Oinam Thoiba Singh,
R/O Sagolband Tera Lukram Leirak, P.O. Imphal, P.S. Lamphel, District -
Imphal West, Manipur- 795001.
13. Miss Naulak Chingching Paite, aged about 29 years, D/O Naulak
Thangzachin Paite, R/O(RTRS) Staff Quarters Housing Complex, P.O.
Mantripukhri, P.S. Heingang, District -Imphal East, Manipur-795001.
14. Smt. Tongbram Robi Devi, aged about 36 years, D/O Tongbram
Mangibabu Singh, R/O Wangkhei Pukhrambam Leirak, P.O. Porompat, P.S.
Porompat, district- Imphal East, Manipur-795005.
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 6
15. Yengkokpam Hitler Singh, aged about 39 years, S/O Yengkokpam
Mohendro Singh, R/O Singjamei Wangma Kshetri Leikai Lane No.5 Thiyam
Leirak, P.O.& P.s. Singjamei, District - Imphal East, Manipur -795008.
16. Khaidem Romila Devi, aged about 25 years, D/O Khaidem Dhananjoy
Singh, R/O Sekta Makha Leikai, P.O. Lamlong, P.S.Lamlai, District-Imphal
East, Manipur - 795010.
17. Kumari Rajkumari Preeti Devi, aged about 30 years, D/O R.K Sanayaima
Singh, R/O Thangmeiband, D.M College Colony, P.O. Imphal, P.S.
Lamphel, District -Imphal West,Manipur- 795001.
18. Kumari Thokchom Mary Chanu, aged about 37 years, D/O Thokchom
Rajen Singh, R/O Laipham Khunou Makaha Leikai, P.O. Heingang, P.S.
Heingang, District Imphal East, Manipur-795001.
19. Kumari Angom Priyata Devi, aged about 34 years, D/O Angom Manihar
Singh, R/O Awang Sekmai Makha Leikai, P.O. Sekmai, P.S. Sekmai, District
- Imphal West,Manipur- 795136.
20. Renuka Rajkumari, aged about 31years, S/O Rajkumar Amusana Singh,
R/O Nongmeibung Pung Makhong, P.O. Porompat, P.S. Porompat, District
-Imphal East,Manipur- 795005.
21. Shri Waikhom Basanta Singh, aged about 40 years, S/O (Late) Waikhom
Muktarei Devi, R/O Yaingangpokpi Sana Inkhol, P.O. Litan, P.S. Lamlai,
District- Imphal East,Manipur-795154.
22. Shri Sapam Bijaykumar, aged about 28 years, S/O Sapam Basan, R/O
Chalou Lamlai Bazar, P.O. Lamlong,P.S. Lamlai, District-
ImphalEast,Manipur-795010.
23. Shri Sinam Boro Singh, aged about 44 years, S/O Sinam Mangi Singh, R/O
Kanguchingjin Khulen, P.O.Porompat,P.S.Lamlai,District - Imphal East,
Manipur -795005.
24. Sanasam Soken Singh, aged about 31 years, S/O S. Sobhachndra Singh,
R/O Sawombung Gate, P.O.Lamlong, P.S.Lamlai, District - Imphal East,
Manipur-795010.
25. Shri Lisham Ranjal Singh, aged about 36 years, S/O Lisham Nimaichand
Singh, R/O Wangkhei Thambal makhong Lisham Leirak, P.O.Porompat,
P.S.Porompat, District -Imphal East, Manipur-795001.
26. Shri Waikhom Malemnganba Meitei, aged about 22years, S/O W. Brojen
Meitei, R/O Sabungkhok, P.O.Lamlong, P.S. Lamlai, District-Imphal East,
Manipur-795101.
27. Ngangom Salamba Singh, aged about 37 years, S/O Ngangom Chaoba
Singh, R/O Lamlai Mayai Leikai, P.O. Lamlong, P.S. Lamlai, District -
Imphal East, Manipur - 795010.
28. Sapam Romio singh, aged about 27 years, S/O Sapam Ibocha Singh, R/O
Phaknung Makha Leikai, P.O. Lamlong, P.S. Lamlai, District - Imphal East,
Manipur - 795010.
29. Smt. Srimayum Mrinalini Devi, aged about 42 years, W/O Shija
Gurumayum Jadumani Sharma, R/O Maibam Lotpa Ching, P.O. & P.S.
Bishnupur, District Bishnupur, Manipur -795134.
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 7
30. Khumukcham Khomdonsana Singh, aged about 22 years, S/O (Late) Kh.
Modhu Singh, R/O Samaram Makha Leikai ,P.O. Wangjing, P.S. Khongjom,
District Thobal , Manipur -795138.
31. Khaidem Sunil Singh, aged about 24 years, S/O Kh. Khova Singh, R/O
Pungdongbam Mayai Leikai, P.O. Lamlong, P.S. Lamlai, District-Imphal
East, Manipur -795010.
32. Miss Pangambam Nirmala Chanu, aged about 26 years, D/O Pangambam
Nimai Meitei, R/O Thoubal Athokpam Makaha Leikai, P.O. & P.S. Thoubal,
District- Thoubal, Manipur- 795138.
33. Okram Ratankumar Singh, aged about 22 years, S/O Okram Tomba Singh,
R/O Thoubal, P.O. & P.S. Thoubal, District- Thoubal, Manipur-795138.
34. Ng. Mangangsana Meetei, aged about 30 years, S/O Ng. Rajendro Meetei,
R/O Yaingangpokpi, P.O. Litan, P.S. Lamlai, District-Imphal East, Manipur-
795145.
35. Chongtham Shanta Meetei, aged about 36years, S/O Ch. Biramangol
meetei, R/O Yourabung Mayai Leikai, P.O. Lamlong, P.S. Lamlai, District -
Imphal East, Manipur - 795010.
36. Irungbam Lanchenba, aged about 23 years, S/O Irungbam (Ongbi)
Sanatombi, R/O Pungdongbam Makha Leikai, P.O. Lamlong, P.S. Lamlai,
District -Imphal East, Manipur- 795010.
37. Kshetrimayum Johnson Singh, aged about 25 years, S/O Kshetrimayum
Jeday Singh, R/O Sekta Awang Leikai, P.O. Lamlong, P.S. Lamlai, District -
Imphal East, Manipur- 795010.
38. Sandham Rojen Meetei, aged about 34 years, S/O Sandham Ibocha
Meetei, R/O Yourabung Khunou, P.O. Lamlong, P.S. Lamlai, District -
Imphal East, Manipur - 795010.
39. Sagolsem Bimol Singh, aged about 39 years, S/O Sagolsem Ibohalbi
Singh, R/O Takhel Mamang Leikai, P.O. Porompat, P.S. Lamlai, District -
Imphal East, Manipur - 795010.
40. Thounaojam Iboyaima Meetei, aged about 44 years, S/O Thounaojam
Merajaoba Meetei, R/O Sawombung Block Gatem, P.O. Lamlong, P.S.
Lamlai, District -Imphal East,Manipur- 795010.
41. Md. Sagir Khan, aged about 28 years, S/O Md.Tayeb Ali, R/O Thoubal
Moijing, P.O.& P.S. Thoubal, District Thoubal, Manipur-795138.
42. Pheiroijam Rohen Singh, aged about 37 years, S/O Pheiraoijam Ibochou
Singh, R/O Nongada, P.O. Lamlong, P.S.Lamlai, District-ImphalEast,
Manipur-795010.
43. Khaidem Ibomcha Singh, aged about 40 years, S/O (Late) Kh. Irabot
Singh, R/O Pungdongbam Mayai Leikai, P.O. Lamlong, P.S. Lamlai, District
- Imphal East, Manipur- 795010.
44. Haobam Gobin Singh, aged about 41years, S/ O (Late) Haobam
Angangjao Singh, R/O Itam Nungoi, P.O. Lamlong, P.S. Lamlai, District -
Imphal East, Manipur - 795010.
45. Ingudam Manihar Singh, aged about 41 years, S/O I. Romon Singh, R/O
Seijang Mayai Leikai, P.O. Nongada, P.S. Lamlai, District-Imphal East,
Manipur -795010.
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 8
[V] WA NO.95 OF 2022
(Ref: W.P(C) No.633 of 2021)
1. The State of Manipur, through the Principal Secretary/Commissioner/
Secretary (CAF & PD), Govt. of Manipur, Secretariat Building, Babupara,
P.O. & P.S. Imphal, Imphal West District, Manipur-795001.
2. The Director, CAF & PD, Govt. of Manipur, P.O. & P.S. Imphal, Imphal
West District, Manipur- 795001.
...Appellants
-Versus-
Shri Naresh Pebam, aged about 33 years, S/O Rameshore Pebam, resident of
Sagolband Salam Leikai, P.O. & P.S Imphal, District - Imphal West,
Manipur -795001.
... Respondent
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
HON'BLE MR.JUSTICE A.BIMOL SINGH
For the Appellants in all cases :: Mr. Th.Sukumar, Addl. Govt. Advocate
For the Respondents in all cases :: Mr. A.Mohendro Singh, Advocate
Date of Order :: 26.08.2022
COMMON ORDER (ORAL)
(Hon'ble CJ)
[1] This batch of writ appeals is amenable to final disposal by way of a
common order. Writ Appeal Nos. 91, 92, 93 and 94 of 2022 arise out of the
common judgment and order dated 12.04.2022 passed by a learned Judge of this
Court in relation to W.P(C) Nos.247, 279, 464 and 280 of 2021 respectively. Writ
Appeal No.95 of 2022 arises out of the judgment and order dated 25.04.2022
passed by the same learned Judge in W.P(C) No.633 of 2021, holding that the
said writ petition was covered by the earlier common judgment dated 12.04.2022
passed in the batch of writ petitions. The appellants in all these appeals are the
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 9
State of Manipur and the Director, Consumer Affairs, Food & Public Distribution,
Government of Manipur.
[2] Heard Mr. Th.Sukumar, learned Additional Government Advocate, for
the appellants; and Mr. A.Mohendro, learned counsel for the respondents.
[3] Facts, to the extent relevant, unfold thus: Notifications dated
16.12.2016 were issued by the Directorate of Consumer Affairs, Food and Public
Distribution Department, Government of Manipur, inviting applications for filling
up 89 posts. The respondents in these appeals applied pursuant thereto and were
subjected to a selection process. DPC proceedings were held on 03.01.2017 and
04.01.2017 for recruitment under the aforestated notifications. In so far as the
notified posts of Quality Inspector, Lower Division Clerk/Office Assistant, Store
Handler and Peon-cum-Chowkidar are concerned, the DPC was conducted on
04.01.2017 and on the basis of the select list drawn up on that day, appointments
were also issued on the very same day. Thereby, 20 persons were appointed to
the posts of Quality Inspector, 22 persons were appointed to the posts of Lower
Division Clerk/Office Assistant, 6 persons were appointed to the posts of Store
Handler and 35 persons were appointed to the posts of Peon-cum-Chowkidar. In
all, 83 appointments were apparently made.
[4] While so, the Election Model Code of Conduct in relation to the 11th
Legislative Assembly Elections in the State of Manipur was announced and came
into effect on 04.01.2017. Pursuant thereto, all departments in the Government of
Manipur were directed to stop recruitment processes. According to the authorities,
the Secretary, CAF & PD, Government of Manipur, passed an order on 05.01.2017
cancelling the appointment orders issued on 04.01.2017 with immediate effect, in
keeping with the Model Code of Conduct. The representations submitted by those,
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 10
who were appointed and suffered cancellation thereof, came to be rejected by the
authorities on 01.03.2021 and 23.03.2021. In the meanwhile, the Consumer
Affairs, Food & Public Distribution Department came out with fresh recruitment
notifications on 10.03.2021 notifying 165 posts in all, which also included the 89
posts notified on 16.12.2016. Aggrieved by the cancellation of their appointments
and the renotification of their posts, the candidates who were selected and
appointed earlier filed W.P(C) Nos.247, 279, 280, 464 of 2021. W.P(C) No.633 of
2021 was filed a few days later by a Lower Division Clerk/Office Assistant,
appointed on 04.01.2017, challenging the cancellation order dated 05.01.2017
and the order dated 01.03.2021, rejecting his representation.
[5] Upon due consideration of the material placed on record in the first
four cases, the learned Judge found that the letter dated 04.01.2017 of the Chief
Electoral Officer, Manipur, only required the recruitment processes initiated by
different departments to be stopped forthwith. The learned Judge noted that the
interview process was completed by 2.30 pm on 04.01.2017 and the result was
declared thereafter, followed by issuance of appointment orders. The learned
Judge therefore found force in the submission made by the learned counsel for
the writ petitioners that the entire recruitment process had been completed before
the stoppage of recruitment processes came into force, under the letter dated
04.01.2017 of the Chief Electoral Officer, Manipur. Further, the learned Judge
noted that it was only the recruitment processes that were still in the pipeline that
had to be stopped and the said stoppage had no application to a recruitment
process which already stood completed and had culminated in issuance of
appointment orders. The learned Judge accordingly allowed the four writ petitions
and quashed the order dated 05.01.2017 cancelling the appointments made on
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 11
04.01.2017 and the orders dated 01.03.2021 and 23.03.2021, rejecting the
representations made by those aggrieved by the cancellation order dated
05.01.2017. The learned Judge also quashed the later notifications dated
10.03.2021 issued by the Director, Consumer Affairs, Food & Public Distribution,
Government of Manipur. The authorities were directed to reappoint the writ
petitioners by issuing appointment orders within a time frame.
[6] W.P(C) No.633 of 2021 was separately allowed by the learned Judge
on 25.04.2022, holding that it was squarely covered by the common judgment
and order dated 12.04.2022 passed in W.P(C) No.279 of 2021 and batch.
[7] Mr. Th.Sukumar, learned Additional Government Advocate, does not
dispute the fact that only the appointment orders dated 04.01.2017 were
cancelled and not the selection process or the recruitment notifications dated
16.12.2016, which were the foundation for such appointment orders. Be it noted
that the Model Code of Conduct did not mandate cancellation of recruitment
processes pending as on the date of its coming into effect and merely required
stoppage of such recruitment processes at the stage at which they were pending.
Therefore, even if appointments had not been made pursuant to the recruitment
notifications dated 16.12.2016, the enforcement of the Model Code of Conduct did
not have the effect of automatically nullifying those notifications, warranting
renotification of all such posts afresh. The learned Judge held that the recruitment
process pursuant to the notifications dated 16.12.2016 had already culminated in
appointments being made even before the Model Code of Conduct came into
effect. We find no reason to hold otherwise. In fact, the letter dated 13.01.2017
addressed by the Commissioner, CAF & PD, Government of Manipur, to the Chief
Electoral Officer, Manipur, manifests that it was the stand of the authorities also
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 12
that it was only after the announcement of the DPC results that they came to
know of the announcement of the Election Schedule and the enforcement of the
Model Code of Conduct. That apart, as already noted supra, the authorities did
not even cancel the selection process or the earlier notifications dated 16.12.2016
but merely resorted to cancellation of the appointment orders. Such cancellation
did not entitle them to start the recruitment process afresh from scratch by
issuing fresh recruitment notifications on 10.03.2021 in relation to the posts
already notified on 16.12.2016 for which appointments were also made. The
action of the authorities therefore suffered from patent illegality on grounds more
than one, as rightly held by the learned Judge.
[8] However, in so far as quashing of the later notifications dated
10.03.2021 is concerned, Mr. A.Mohendro, learned counsel, would fairly concede
that the said notifications also covered posts which were not notified earlier under
the recruitment notifications dated 16.12.2016. If that be so, invalidation of the
notifications dated 10.03.2021 in their entirety was not called for. The said
notifications were liable to be quashed only to the extent they re-notified the
posts which were notified on 16.12.2016 and to which appointments had already
been made and thereafter cancelled. Excluding such posts, the notifications dated
10.03.2021 would survive for further processing as per due procedure under the
recruitment rules. The learned Judge was therefore not justified in cancelling the
said notifications in their entirety. That being said, no grounds are made out to
interfere with the directions of the learned Judge to reappoint all those who were
appointed earlier on 04.01.2017 and suffered cancellation of their appointments
on 05.01.2017. The judgments under appeal in so far as they pertain to this
aspect are therefore confirmed. The quashing of the notifications dated
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 13
10.03.2021 shall stand modified to the extent of restricting such quashing only to
the posts which had been notified earlier on 16.12.2016 and to which
appointments were already made.
The writ appeals are disposed of accordingly.
In the circumstances, there shall be no order as to costs.
JUDGE CHIEF JUSTICE
FR/NFR
Opendro
WA Nos.91, 92, 93, 94 & 95 of 2022 Page 14
