Y. Arnon Singh vs Union Of India & 3 Ors
2022 Latest Caselaw 174 Mani

SHOUGRA by
            Digitally signed                                                                IN. 42
KPAM     SHOUGRAKPAM
         DEVANANDA
DEVANAN SINGH                             IN THE HIGH COURT OF MANIPUR
DA SINGH Date: 2022.05.04
         09:51:18 +01'00'
                                                       AT IMPHAL

                       WP(C) No. 284 of 2020
                       Y. Arnon Singh                                 ... Petitioner
                             Vs.
                       Union of India & 3 ors.                        ... Respondents

B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 04-05-2022 Heard Mr. M. Devananda, learned counsel appearing for the petitioner and Mr. Vijayanand Sharma, learned senior panel counsel appearing for the respondents.

In the present writ petition, the dismissal order as well as the proceedings of the Departmental Enquiry are under challenge on the ground of non-appointment of the Presenting Officer.

Mr. M. Devananda, learned counsel for the petitioner, by relying on the judgment of the Apex Court in the case of State of Uttar Pradesh & ors. Vs. Saroj Kumar Sinha, reported in (2010) 2 SCC 772, submitted that the Hon'ble Apex Court has held in the said case that non-appointment of the Presenting Officer is fatal and on account of non-appointment of the Presenting Officer, the dismissal order has been set aside and direction has been given for holding of denovo enquiry.

In view of the submission made above, Mr. Vijayanand Sharma, learned senior panel counsel submitted that he needs to get instruction from the authorities as to whether any Presenting Officer was appointed for the enquiry involved in the present case. The learned counsel, accordingly, prayed for taking up this matter on 11-05-2022.

As prayed for, list this case again on 11-05-2022.

JUDGE

Devananda