Manipur High Court
L. Ranjit Singh vs Union Of India & Ors on 30 July, 2024
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
SHOUGRAKPAM Digitally signed by
SHOUGRAKPAM DEVANANDA
IN. 25
DEVANANDA SINGH
Date: 2024.07.30 16:54:50
SINGH +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 683 of 2023
L. Ranjit Singh ... Petitioner
Vs.
Union of India & ors. ... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
30-07-2024
[1] Heard Mr. Y. Nirmolchand, learned senior counsel assisted by
Mr. L. Raju, learned counsel appearing for the petitioner, Mr. Kh. Samarjit,
learned DSGI assisted by Mr. Armananda, learned counsel appearing for
the respondents No. 1 and 2. None appeared for the respondent No. 3.
[2] The present writ petition has been filed with the prayer for
quashing and setting aside the impugned order dated 01-05-2023 issued
by the Deputy Secretary (Ministry of Health and Family Welfare),
Government of India and the impugned order dated 30-05-2023 issued by
the Under Secretary (Ministry of Health and Family Welfare), Government
of India, by which the respondent No. 3 has been appointed as the Director
of RIMS on deputation and directing the respondent No. 3 to join to the
post of Director within a period of two weeks.
[3] In the said writ petition, an interim order was passed by this court
on 31-10-2023 directing, inter alia, the respondent No. 1 to give in-charge
of the post of Director, RIMS, Manipur, to the petitioner by extending his
service for 2 (two) months and 28 (twenty-eight) days for the purpose of
functioning as Director of RIMS, Manipur. By the said interim order, the
respondent No. 3 was also directed not to function as Director, RIMS,
Manipur, till the period of two months and twenty eight days. Having been
aggrieved, the said interim order was challenged by the RIMS by filing two
writ appeals registered as WA No. 95 of 2023 and WA No. 96 of 2033
wherein by an order dated 08-11-2023, the appellate court stayed the
WP(C)
Contd.../-
operation of the aforesaid interim order and the said order has been
continuing till today.
[4] It has been submitted by both the counsel appearing for the
parties that during the pendency of the present writ petition as well as the
writ appeals, the petitioner has retired from service w.e.f. 31-08-2023 on
attaining the age of superannuation. It has further been submitted by the
learned counsel appearing for the parties that since the petitioner has
already retired from service, the issue raised in the present writ petition has
been rendered as purely academic and that any appropriate order may be
passed by this court as deem fit and proper.
[5] After hearing the submission advanced by the learned counsel
appearing for the parties and on perusal of the record, this court is of the
considered view that as the petitioner has already retired from service on
attaining the age of superannuation w.e.f. 31-08-2023, no effective relief
can be granted in the present writ petition and the present writ petition has
been rendered infructuous. Accordingly, the present writ petition is hereby
closed as infructuous.
Interim order passed earlier stands vacated.
JUDGE
Devananda
WP(C)
Contd.../-
SHOUGRAKPAM Digitally signed by IN. 26
SHOUGRAKPAM DEVANANDA
DEVANANDA SINGH
Date: 2024.07.30 16:55:11
SINGH +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
(Ref:- WP(C) No. 65 of 2023)
L. Ranjit Singh ... Petitioner
Vs.
Rajesh Bhushan & ors. ... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
30-07-2024
[1] Heard Mr. Y. Nirmolchand, learned senior counsel assisted
by Mr. L. Raju, learned counsel appearing for the petitioner and
Mr. Kh. Samarjit, learned DSGI assisted by Mr. Armananda, learned
counsel appearing for the respondents.
[2] The present contempt case has been filed for the wilful
disobedience of the directions given by this court in its judgment and
order dated 03-06-2023 passed by this court in WP(C) No. 65 of 2023
wherein the following directions have been given:-
"38. In the result,
(a) The writ petition is allowed and the order dated 16.1.2023
and the subsequent extension dated 10.4.2023 issued by
the second respondent are set aside.
(b) MC(WP(C)) No. 121 of 2023 and MC(WP(C)) No. 160 of
2023 are disposed of.
(c) The respondents 1 to 4 are directed to give additional
charge of Director, RIMS, Imphal to the petitioner till his
retirement in the month of September, 2023.
(d) Since the order dated 1.5.2023 has been issued without
leave of Court and Dr. Guruaribam Sunil Kumar Sharma
has not joined duty, this Court directs the respondents 1
to 4 not to give effect of the order dated 1.5.2023 issued
by the Deputy Secretary to the Government of India,
Ministry of Health and Family Welfare (NE Section) and
the same shall be kept in abeyance.
(e) There will be no order as to costs."
[Author] Contd.../-
[3] It has been submitted by Mr. Kh. Samarjit, learned DSGI
appearing for the respondents that by an order dated 05-07-2023 passed
by the Supreme Court of India in SLP (C) No. 12340 - 12342/ 2023, the
further proceedings of the contempt case had been stayed for a period of
two weeks from the date of passing the said order. Thereafter, in an
another order dated 29-08-2023 passed by the Hon'ble Supreme Court of
India in Transfer Petitions (Civil) No. 1764-1765/ 2023, while allowing the
transfer of the WA No. 53 of 2023 filed against the order dated 03-06-2023
passed by this court in WP(C) No. 65 of 2023 to the Gauhati High
Court at Guwahati, the assurance given by the learned senior counsel
representing the present petitioner to the extent that the petitioner will not
press the contempt petition during the pendency of the proceeding of the
writ appeal before the Guwahati High Court was recorded. It has further
been submitted that in view of the aforesaid assurance given on behalf of
the petitioner, the further proceedings of the present contempt case was
not taken up. Thereafter, the aforesaid writ appeal being WA No. 360 of
2023 was disposed of as infructuous taking into consideration the fact that
the petitioner has already retired from service on 31-08-2023 on attaining
the age of superannuation.
Mr. Kh. Samarjit, learned DSGI further submitted that since the
litigation between the petitioner and the authorities of the RIMS has already
been closed as being infructuous, the present contempt case, which arise
out of the order passed by this court in WP(C) No. 65 of 2023, may also be
closed. The learned senior counsel further submitted that all the three
respondents have also demitted the earlier offices held by them either due
to superannuation or on being transfer to another posts and the petitioner
has also not brought on record the present incumbents who are
responsible for complying with the directions given by this court.
[4] On the other hand, Mr. Y. Nirmolchand, learned senior counsel
appearing for the petitioner submitted that the judgment and order was
passed by this court on 03-06-2023 and in violation of the directions given
[Author] Contd.../-
therein, the respondents allowed the new incumbents, viz., Guruaribam
Sunil Kumar Sharma, to take charge of the post of Director, RIMS, on
04-06-2023 and as such, an appropriate order may be passed by this court.
It has further been submitted by the learned senior counsel
appearing for the petitioner that all the respondents committed the act of
contempt when they were holding the respected posts and as such, they
are liable and duty bound to comply with the directions given by this court.
It has further been submitted that the aforesaid judgment and order dated
03-06-2023 has not been stayed by any higher court till today.
[5] Taking into consideration the fact that while challenging the
aforesaid judgment and order passed by this court by filing SLPs, the
Hon'ble Apex Court passed the interim order for staying the proceedings
of the said contempt case and also on the assurance given on behalf of
the petitioner before the Hon'ble Apex Court, the proceedings of the
present contempt case was not taken up by this court. Subsequently, the
writ appeal being WA No. 360 of 2023 filed by the respondents challenging
the aforesaid judgment and order dated 03-06-2023 passed by this court
in WP(C) No. 65 of 2023 having been disposed of as infructuous on the
ground that the petitioner has already retired from service on attaining the
age of superannuation, this court is not inclined to proceed with the present
contempt proceedings. Accordingly, the present contempt case is hereby
closed.
JUDGE
Devananda
[Author] Contd.../-
SHOUGRAKPAM Digitally signed by IN. 27
SHOUGRAKPAM DEVANANDA
DEVANANDA SINGH
Date: 2024.07.30 16:56:16
SINGH +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(Cont. Case (C)) No. 118 of 2023
(Ref:- Cont. Case (C) No. 64 of 2023)
L. Ranjit Singh ... Petitioner
Vs.
Rajesh Bhushan & ors. ... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
30-07-2024
In view of the order passed today in the connected contempt
case, the present application stands closed.
JUDGE
Devananda
SHOUGRAKPAM Digitally signed by IN. 28
SHOUGRAKPAM DEVANANDA
DEVANANDA SINGH
Date: 2024.07.30 16:55:59
SINGH +05'30' IN THE HIGH COURT OF MANIPUR
AT IMPHAL
(Ref:- WP(C) No. 683 of 2023)
L. Ranjit Singh ... Petitioner
Vs.
Union of India & ors. ... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
30-07-2024
In view of the order passed today in the connected writ petition,
the present application stands closed.
JUDGE
Devananda
IN. 29
SHOUGRAKPAM SHOUGRAKPAM DEVANANDA
DEVANANDA SINGH SINGH
Date: 2024.07.30 16:55:43 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
L. Ranjit Singh ... Petitioner
Vs.
Union of India & anr. ... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
30-07-2024
[1] Heard Mr. Y. Nirmolchand, learned senior counsel assisted by
Mr. L. Raju, learned counsel appearing for the petitioner, Mr. Kh. Samarjit,
learned DSGI assisted by Mr. Armananda, learned counsel appearing for
the respondents No. 1 and 2.
[2] The present writ petition has been filed with the prayer for
quashing the impugned order dated 10-08-2023 by which the petitioner
has been allowed to retired from service on attaining the age of
superannuation on 31-08-2023 coupled with the prayer for directing the
respondent No. 1 to retain the petitioner till the disposal of the pending writ
appeals filed against the judgment and order dated 03-06-2023 passed
in WP(C) No. 65 of 2023. In the said writ petition, this court passed an order
dated 31-10-2023 giving the following directions:-
"(a) The contempt petition in Cont. Case No. 65 of 203 will
be heard on 27-11-203 for passing appropriate order.
(b) The respondent No. 1 is directed to give the in-charge
post of Director, RIMS, Manipur to the petitioner by
extending his service for 2 (two) months and 28 (twenty
eight) days for the purpose of functioning as Director of
RIMS, Manipur.
(c) The respondent No. 3 is directed not to function as
Director, RIMS, Manipur till the period of 2 (two) months
and twenty eight days as ordered by this court."
WP(C)
[Author]No. 612 of 2023 Contd.../-8
[3] Having been aggrieved, the respondents filed two writ appeals
being WA No. 95 of 2023 and WA No. 96 of 203 and in the said writ
appeals, the appellate court passed an order dated 08-11-2023 thereby
staying the operation of the said interim order and that the said interim
order is still continuing till today.
[4] It has been submitted by the learned counsel appearing for the
parties that as the writ petitioner has retired from service w.e.f. 31-08-203
on attaining the age of superannuation, the issue raised in the present writ
petition has been rendered purely academic and no effective relief can be
granted to the petitioner because of the efflux of time. The learned counsels
further submitted that any appropriate order as deem fit and proper may be
passed by this court.
[5] In view of the submission made by the learned counsel
appearing for the parties and on consideration of the materials available on
record, this court is of the considered view that since the petitioner has
already retired from service on attaining the age of superannuation and as
no effective relief can be granted at this point of time, the present writ
petition has been rendered infructuous.
Accordingly, the present writ petition is hereby closed as
infructuous. Interim order passed earlier stands vacated.
JUDGE
Devananda
[Author] Contd.../-9
