Manipur High Court
Mutum Kumarjit Singh vs State Of Manipur & 2 Ors on 24 June, 2024
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
61
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No.903 of 2023
Mutum Kumarjit Singh ... Petitioner
-Versus-
State of Manipur & 2 Ors ... Respondents
BEFORE
HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA
24.06.2024
Heard Mr.N.Jotendro, learned senior counsel assisted by
Mr.Syed Murtaza Ahmed, learned counsel for the petitioner and
Mr.Shyam Sharma, learned Government Advocate for the State
respondents.
The petitioner's service was kept under suspension under
contemplation of a disciplinary proceeding, however, vide order dated
26.08.2022 passed by this Court in WP(C) No.486 of 2021, the memo
of charge of the petitioner and other similarly situated employees were
quashed and proceeding was abated and closed. Further, during
pendency of the WP(C) No.486 of 2021 the result of the DPC
proceeding was kept under sealed cover.
By the present writ petition, petitioner approached this
Court for opening of the sealed cover proceeding in terms of the
judgment and order dated 26.08.2022 passed by this Court in WP(C)
No.486 of 2021. The prayer in the writ petition is reproduced below:
"(i) issue notice:
(ii) issue a writ in the nature of mandamus or any
other appropriate writ of the lime nature for a direction
to the respondents to open the seal cover of the DPC
proceedings held for the promotion of the petitioner to
the next higher post of MPS Junior Administrative Grade
(Non-Functional) which was kept withheld during the
pendency of the said Departmental Enquiry proceedings
within a time frame in view of the judgment and order
dated 26.08.2022 passed in WP(C) No.486 of 2021'
(iii) direct the respondents to release the entitled
pensionary benefits of the MPS Junior Administrative
Grade (Non-Functional) to the petitioner after opening
the seal cover;"
Learned senior counsel for the petitioner also draws
attention of this Court to letter dated 13.03.2024 written by the Joint
Secretary (DP) Government of Manipur to the Director (Vigilance &
Anti-Corruption), where it is stated that Vigilance case against the
petitioner was closed. In the counter affidavit, the State respondents
sought some more time for implementation of the order dated
26.08.2022.
Mr.Shyam Sharma, learned Government Advocate
submits that keeping in view the prevailing situation, prays for three
months' time may be granted to the State respondents to comply with
the direction passed by this Court in the earlier order dated 26.08.2022
for opening the sealed cover and for other consequential relief to the
petitioner.
Mr.N.Jotendro, learned senior counsel for the petitioner
has no objection.
Recording the submissions made at the Bar and on
perusal of the materials on record, the writ petition is disposed of by
directing the State respondents to complete the opening of Sealed
Cover proceedings and grant consequential relief as per the DPC
proceedings.
With the above observations, the writ petition is disposed
of.
Furnish a copy of this order to learned counsel for the
parties.
JUDGE
Priyojit
RAJKUMA Digitally signed
by RAJKUMAR
R PRIYOJIT PRIYOJIT SINGH
Date: 2024.06.26
SINGH 10:48:10 +05'30'
