Manipur High Court
The State Of Manipur Represented By The ... vs Kunjakishore Golmei on 16 August, 2024
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
DB Item Nos. 3-4
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WA No. 88 of 2023
1. The State of Manipur represented by the Chief Secretary (in
charge Department of Personnel), Government of Manipur,
Office at Old Secretariat, Babupara, P.O. & P.S. Imphal
West, Manipur - 795001.
...Appellant No. 1/Respondent No. 1 in Writ Petition
2. The Joint Secretary (Pension Cell), Government of Manipur,
Secretariat Block, P.O. & P.S. Imphal, Imphal West District,
Manipur - 795001.
3. The Chief Engineer, Public Works Department, Government
of Manipur, P.O. & P.S. Imphal, Imphal West District,
Manipur - 795001.
...Appellant Nos. 2 & 3/Respondent Nos. 2 & 3 in
Writ Petition
(Transposed as Appellant Nos. 2 & 3 vide court order
dated 14-09-2023 passed in MC(WA) No. 119 of 2023)
- Versus -
1. Kunjakishore Golmei, aged about 67 years, S/o (L)
Priyokumar Gomei, R/o Kakhulong, Paona Bazar, P.O. & P.S
Imphal, Imphal East District, Manipur - 795001.
...Principal Respondent/
Petitioner in the Writ Petition
2. The Principal Accountant General (A&E), Manipur,
Babupara, P.O. & P.S. - Imphal, Imphal West District,
Manipur - 795001.
...Proforma Respondent/
Respondent No. 4 in the Writ Petition
With
MC(WA) No. 141 of 2023
1. The State of Manipur represented by the Chief Secretary (in
charge Department of Personnel), Government of Manipur,
Office at Old Secretariat, Babupara, P.O. & P.S. Imphal
West, Manipur - 795001.
WA No. 88 of 2023 Page 1 of 4
MC(WA) No. 141 of 2023
2. The Joint Secretary (Pension Cell), Government of Manipur,
Secretariat Block, P.O. & P.S. Imphal, Imphal West District,
Manipur - 795001.
3. The Chief Engineer, Public Works Department, Government
of Manipur, P.O. & P.S. Imphal, Imphal West District,
Manipur - 795001.
...Applicants
- Versus -
1. Kunjakishore Golmei, aged about 67 years, S/o (L)
Priyokumar Gomei, R/o Kakhulong, Paona Bazar, P.O. & P.S
Imphal, Imphal East District, Manipur - 795001.
... Respondent
2. The Principal Accountant General (A&E), Manipur,
Babupara, P.O. & P.S. - Imphal, Imphal West District,
Manipur - 795001.
...Proforma Respondent
B EF O R E
HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
16-08-2024
Siddharth Mridul (C.J.),
[1] Heard Mr. M. Rarry, learned counsel appearing on behalf of the
appellants; Mr. N. Ibotombi, learned senior counsel appearing on behalf of
respondent No. 1; and Mr. S. Suresh, learned counsel appearing on behalf
of respondent No. 2.
[2] Mr. M. Rarry, learned counsel appearing on behalf of the
appellants, invites our attention to the communication dated 05-08-2024
addressed by the Director, Treasuries & Account, Manipur to the Deputy
Secretary (DP), Manipur to say that the Treasury Officer, Imphal West has
been disbursing pension to Shri Kunjakishore Golmei, the original writ
petitioner, herein, since August 2022 and has paid all dues, including
pension arrears. However, the said communication further states that the
pension could not be paid after the month of February 2023, as the
pensioner has not updated his photograph at the Treasury Office.
[3] The short question that has arisen for consideration in the present
writ appeal is whether gratuity, pension and other retiral benefits payable to
a retired employee can be withheld without even initiating disciplinary
proceedings, or on the mere filing of a First Information Report without
following it up with a charge-sheet; in terms of Rule 9 of the Central Civil
Services (Pension) Rules, 1972.
[4] In so far as the above question of law is concerned, the same is
no longer res Integra. The judgment dated 29-03-2022 passed by the
Division Bench of this Court in WA No. 17 of 2020, State of Manipur & Ors
vs. Ranjana Manohermayum & Anr and in particular, paragraph 22 clearly
and unequivocally held that "As per Rule 9, which is applicable presently, it
is only after the conclusion of disciplinary/judicial proceedings and the
rendering of a finding of guilt therein against a Government servant that the
question of withholding his/her gratuity and pension would arise."
[5] In view of the foregoing, in the present case, for the sake of
completeness, we observe that neither has any disciplinary proceedings
been initiated against the original writ petitioner; nor has any charge-sheet
been filed against him pursuant to the FIR originally registered; and that
consequently, no cognizance at all has been taken of the alleged offence;
thereby obviating the possibility of any finding of guilt being returned against
the retired employee, for the last thirteen years.
[6] In view of the foregoing, Mr. M. Rarry, learned counsel appearing
on behalf of the appellants states that subject to Shri Kunjakishore Golmei
updating his photograph at the Treasury Office within a week; they shall
ensure that all the pensionary/retiral benefits that the latter is entitled to in
accordance with law are released to him forthwith preferably within a period
of three months from today.
[7] Before parting, it is made clear that we have not made any
modification in the impugned judgment and order dated 20-07-2022 passed
by the learned Single Judge of this Court in WP(C) No. 358 of 2022 assailed
before us in the present appeal in any manner whatsoever.
Directed accordingly.
No further directions are prayed for.
With the above direction, the writ appeal is disposed of.
Pending application, if any, also stands disposed of.
JUDGE CHIEF JUSTICE
Victoria
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2024.08.20
VICTORIA 15:36:39 +05'30'
