State Of Manipur; & Ors vs Laishram Sushil Singh
2022 Latest Caselaw 202 Mani

KABORA Digitally signed
MBAM byKABORAMBAM                                                                      Item No. 19 & 20
SANDEE SANDEEP    SINGH
        Date: 2022.05.13

P SINGH
        17:24:57 +05'30'
                                     IN THE HIGH COURT OF MANIPUR
                                               AT IMPHAL

                                              W.A. No. 18 of 2022

                           State of Manipur; & Ors.
                                                                                        Appellants
                                                   Vs.
                           Laishram Sushil Singh

                                                                                     Respondents

With MC (W.A.) No. 95 of 2021

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON'BLE MR JUSTICE LANUSUNGKUM JAMIR

12.05.2022 Sanjay Kumar (C.J.):

Heard Mr. H. Debendra, learned Government Advocate, appearing for

the appellants; and Mr. M. Devananda, learned counsel for the respondent.

One of the core issues that arises for consideration in this case is as to

whether recourse can be taken to Clause (c) of the second proviso to Article

311(2) of the Constitution, whereby the President or the Governor, as the case

may be, can dispense with a departmental enquiry if satisfied that it is not

expedient to hold such enquiry in the interest of the security of the State, after a

departmental enquiry has already been held.

A Division Bench of this Court had occasion to consider a similar

fact-situation in W.A. No. 2 of 2013 arising out of the judgment and order dated

03.09.2012 in W.P. (C) No. 811 of 2009. Though this core issue was not

W.A. No. 18 of 2022 with MC (W.A.) No. 95 of 2021 Page 1 specifically addressed by the Division Bench, the fact remains that recourse to

this Constitutional provision was upheld in that case though a departmental

enquiry stood concluded by the time of the passing of the dismissal order, as in

the case on hand.

As this is an important issue turning upon the interpretation of this

Constitutional provision, we are of the opinion that this core issue should be

considered by a Full Bench.

Registry is directed to place the matter before the Hon'ble Chief Justice

on the administrative side for appropriate orders in that regard.

                    JUDGE                       CHIEF JUSTICE
Sandeep




W.A. No. 18 of 2022 with
MC (W.A.) No. 95 of 2021                                                    Page 2