The Chairman & Managing Director & ... vs S. James
2023 Latest Caselaw 97 Mani

                                                                        Item No. 34-37
LHAINEI   Digitally signed
          by                   IN THE HIGH COURT OF MANIPUR
CHONG     LHAINEICHONG
          HAOKIP                         AT IMPHAL
HAOKIP    Date: 2023.02.24
          13:51:32 +05'30'
                                   WA No. 19 of 2023 With
                                  MC(WA) No. 34 of 2023 With
                                   WA No. 20 of 2023 With
                                    MC(WA) No. 35 of 2023
     The Chairman & Managing Director & 3 Ors.
                                                               .....Appellant/s
       - Versus -
     S. James
                                                           .... Respondent/s

BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH HON'BLE MR. JUSTICE A. GUNESHWAR SHRMA

24.02.2023

Heard Mr. D. Julius Riamei, learned counsel appearing for the

appellants and Dr. S. James, learned counsel appearing for the respondent

in-person.

The learned counsel for the appellants submitted that the order

dated 10/13.02.2020 imposing penalty upon the respondent as well as the

order dated 24.06.2021 rejecting the appeal preferred by the respondent were

quashed and set aside by the learned Single Judge on the ground that both

these orders was passed by the same person acting as disciplinary authority

and appellate authority.

According to the learned counsel, the finding of the learned Single

Judge is factually incorrect, inasmuch as, the order imposing penalty upon the

respondent was passed by Shri D.V. Prasad who was the then Managing

Director , FCI and the order dated 24.06.2021 rejecting the appeal filed by the

respondent was rejected by a person namely Shri Atishchandra, Chairman

WA No. 19 of 2023 & Ors.Page 1 FCI, who were different persons and holding different posts.

Dr. S. James, learned counsel appearing in-person submitted that

he wants to raise preliminary points regarding the maintainability of the

present appeals.

Appeals are admitted for hearing.

After hearing the submissions advanced by the learned counsel

appearing for the appellants and on careful examination of the materials

available on record, we are satisfied that prima-facie case has been made out

for passing interim order. Accordingly, the impugned judgment and order

dated 10.01.2023 passed by the learned Single Judge in WP(C) No. 581 of

2020 and WP(C) 465 of 2021 shall remain stay till the next date.

As prayed for, list these cases again on 25.03.2023.

                JUDGE                                              JUDGE



       Lhaineichong




       WA No. 19 of 2023 & Ors.Page 2