Manipur High Court
West District vs M.H. Khan on 18 April, 2023
1
JOHN Digitally signed
by JOHN TELEN
TELEN KOM
Date: 2023.04.21
KOM 10:40:08 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Cont.Cas(C)No.200 of 2022
Ref: WP(C)No.849 of 2022
Phurailatpam Vivekananda Sharma, aged about 54 years, S/o (L) Ph.
Tombi Sharma of Keishamthong Top Leirak, PO & PS Imphal, Imphal
West District, Manipur.
...Petitioner
- Versus -
1. M.H. Khan, IAS, Addl. Chief
Secretary/Commissioner/Secretary(Forest & Environment),
Government of Manipur, Old Secretariat Building, South Block,
Bapubara , PO & PS Imphal, Imphal West District, Manipur-79500;
2. Dr. Rajesh Kumar, IAS, Chief
Secretary/Commissioner/Secretary(DP), Government of Manipur,
Old Secretariat Building South Block, Babupara PO & PS Imphal,
Imphal West District, Manipur-795001; and
3. Dr. Y. Nabachandra Singh, Director, Environment & Climate Change,
Porompat Imphal East District, Manipur-795010.
.... Respondents.
BEFORE
HON'BLE THE ACTIING CHIEF JUSTICE MR. M.V. MURALIDARAN
For the Petitioner : Mr. NG Jotindra,. Adv.
For the Respondents : Mr. Lalleiba, Adv.R1 & Mr. L. Raju,
Adv. R2
Date of reserved. : 17.03.2023
Date of Judgment & Order : 18.04.2023.
JUDGMENT & ORDER
(CAV)
1. Heard Mr. NG Jotindra, the learned counsel for the petitioner and Mr.
L. Raju, learned counsel for the contemnors.
2. This contempt case has been filed by the petitioner to punish the
respondents for their willful disobedience of the order dated 19.10.2022
passed in W.P.(C) No.849 of 2022.
3. The learned counsel appearing for the petitioner submitted that on
19.10.2022 while admitting the writ petition, this Court directed the
contemnors to carry out the decision for promotion to the post of Joint Director
in the Directorate which was explained in the impugned order dated 25.7.2022
and finalize the seniority list on or before 15.11.2022. He would submit that
despite communicating the order dated 19.10.2022 through legal notice and
the reminder notice dated 23.11.2022, the contemnors had failed to comply
with the interim order of this Court. Therefore, it is clear that the contemnors
had wilfully and intentionally disobeyed the order of this Court dated
19.10.2022. Thus, a prayer has been made to punish the contemnors for their
wilful disobedience of the interim order of this Court dated 19.10.2022 passed
in W.P.(C) No.849 of 2022.
4. Per contra, the learned counsel appearing for the respondents
submitted that in compliance with the interim order dated 19.10.2022 passed
by this Court, the Deputy Secretary, (Forest, Environment and Climate
Change) had issued an order dated 11.1.2023 thereby finalizing the seniority
list of the existing three Deputy Directors in the Directorate of Environment
and Climate Change. He would submit that as far as the promotion to the post
of Joint Director is concerned, the matter is under active consideration by the
competent and concerned Departments.
5. This Court considered the rival submissions and also perused the
materials available on record.
6. On 19.10.2022, when the writ petition is taken up for hearing, this
Court passed the following interim order:
"[1] Heard Mr. Ng. Jotindra Luwang, learned counsel for the petitioner
and perused the records.
[2] Mr. Y.Ashang, learned Government Advocate takes notice and
seeks time to get instruction and file counter affidavit.
[3] When the matter was taken up for motion on 12.10.2022, the
learned counsel for the petitioner pressing for interim order whereas
Mr. Y.Ashang, learned Government Advocate has strongly objected for
granting any interim order.
[4] Therefore, on hearing both the learned counsel appearing for the
parties, this Court reserved for orders for consideration of interim order.
[5] On consideration of the arguments advanced by the learned
counsel for petitioner & the respondents and thereafter, perusal of
records attached with the writ petition, I am inclined to pass the
following orders.
a) the writ petition is admitted.
b) Since Mr. Y.Ashang, learned Government Advocate takes
notice for all the respondents, no formal notice is required.
c) the respondents are directed to file counter affidavit on
05.12.2022.
d) Registry is directed to print the name of Mr. Y.Ashang, learned
Government Advocate in the cause-list.
e) For the interim, the respondents are directed to carry out the
decision for promotion to the post of Joint Director in the
directorate which is more fully explained in the last second para of
the impugned order dated 25.07.2022 and finalize the seniority list
on or before 15.11.2022.
f) Registry is directed to post the matter on 05.12.2022."
7. The petitioner alleges that the aforesaid interim order of this Court
has not been complied with by the contemnors and, therefore, they should be
punished.
8. On the other hand, by producing the order of the Deputy Secretary
(Forest, Environment and Climate Change) dated 11.1.2023, the learned
Government Advocate contended that the Administrative Department has
already issued an order to the extent of finalizing the seniority of the existing
Deputy Directors in the Directorate and on finalization of the said seniority in
the matter for promotion of the existing Deputy Directors to the vacant posts
of Joint Director in the Directorate is under process.
9. It appears that the contempt case has been filed on 21.12.2022 and
pending contempt case, on 11.1.2023, the Deputy Secretary of the
Department issued an order finalizing the seniority of the existing Deputy
Directors in the Directorate of Forest, Environment and Climate Change,
Manipur.
10. In order to give promotion to the post of Joint Director in the
Directorate, the competent authority has to first finalise the seniority of the
existing Deputy Directors, which has now been done by the competent
authority and the petitioner has also no quarrel on it. As far as the promotion
of the existing Deputy Directors to the vacant posts of Joint Director is
concerned, according to the contemnors, the same is under process and
following the procedures, promotion to the post of Joint Director will be given.
11. Since the process for promotion of the existing Deputy Directors to
the vacant posts of Joint Director in the Directorate is under process, the
contempt case is closed with a direction to the contemnors to expedite the
process, preferably within a period of one month from the date of receipt of a
copy of this order. Accordingly, notice to the contemnors is discharged.
Liberty is granted to the petitioner to revive the contempt case in case of any
violation of the interim order dated 19.10.2022 in respect of promotion to the
post of Joint Director.
ACTING CHIEF JUSTICE
FR/NFR
John Kom
