Manipur High Court
State Of Manipur & 3 Ors vs Peijonna Kamei on 7 May, 2024
1
Item Nos. 34-36
LAIRENM Digitally signed
by
AYUM LAIRENMAYUM IN THE HIGH COURT OF MANIPUR
INDRAJEET
INDRAJE SINGH AT IMPHAL
Date: 2024.05.09
ET SINGH 14:25:09 +05'30' WA No. 2 of 2024
With
MC(WA) No. 27 of 2024
With
MC(WA) No. 3 of 2024
State of Manipur & 3 ors.
Appellants
Vs.
Peijonna Kamei
Respondent
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
ORDER
07.05.2024.
Siddharth Mridul, C.J.:
Mr. H. Devendra, learned Dy. A.G., appears on behalf of the State;
and Mr. M. Hemchandra, learned senior counsel, appears on behalf of the
respondent.
The present appeal instituted on behalf of the State of Manipur assails
the Judgment & Order dated 08.12.2023 rendered by the learned Single Judge in
WP(C) No. 170 of 2023 [Ms. Peijonna Kamei vrs. State of Manipur & anr.], whereby
the learned Single Judge directed as follows:-
"[10] From the letter dated 06.12.2023 submitted by the learned G.A.
today, in case of Director, last extension was made on 10.11.2023 for further
period of 180 days. However, there is no extension of suspension after the order
dated 18.02.2023 for the Director and no such order for the Deputy Director
after the order dated 17.02.2023. Therefore, in terms of the mandate of Rule
10 sub-rule 6 of the CCS (CCA) Rules, 1965, the 2 (two) suspension orders for
Director and Deputy Director both dated 20.11.2022 cannot survive any longer.
Hence, they are quashed and the petitioners be reinstated in their service with
immediate effect. However, this Court is not passing any direction with respect
to the disciplinary proceedings initiated against the petitioners. The State
Government may complete the enquiry proceedings as per Rules.
[11] Mr. Shyam Sharma, learned G.A., submits that due to the exceptional
situation prevailing in the State of Manipur, the enquiry against the petitioners
could not be completed within the stipulated period of time and as such, 6(six)
months time may be given to complete the disciplinary proceedings as an
exception.
[12] Mr. M. Hemchandra, learned senior counsel, also fairly admits that the
prayer No. 5 in both the writ petitions is for a direction to expedite the
disciplinary proceedings and submits that this Court may pass appropriate order.
[13] Considering the peculiar facts and circumstances of the case, the State
respondents are directed to complete the disciplinary proceedings pending
against the petitioners within a period of 6(six) months from the date of receipt
of a copy of this order.
[14] With this observation, writ petitions are disposed of. No cost."
Learned senior counsel appearing on behalf of the State of Manipur,
invites our attention to paragraph No. 7 of the impugned order dated 08.12.2023
to urge that the learned Single Judge failed to consider the import of paragraph
No. 2 of the letter dated 06.12.2023 sent by the Deputy Secretary (DP),
Government of Manipur, to the Government Advocate office, stating that the period
of the original petitioner's suspension was extended beyond 13.11.2023 vide order
dated 10.11.2023 i.e., prior to the expiry of the stipulated period of time. In this
behalf, it is urged that the said information was handed over in Court to the learned
Single Judge, who, however, failed to consider it, whilst determining the issue of
the original petitioner's suspension.
Mr. M. Hemchandra, learned senior counsel appearing on behalf of the
original petitioner, however, states that as observed by the learned Single Judge,
the said letter dated 06.12.2023 submitted by the Government Advocate was not
placed on the record on affidavit in accordance with law, and was therefore,
correctly not considered by the learned Single Judge.
After some arguments, learned senior counsel appearing on behalf of
the appellants, in view of the foregoing circumstance, seeks leave to withdraw this
appeal with liberty to approach the learned Single Judge by way of an appropriate
proceeding seeking review of the impugned order dated 08.12.2023, in accordance
with law.
Leave and liberty granted.
The appeal is accordingly dismissed.
We, however, hasten to add that we have not expressed any opinion
on the merits of the case.
MC(WA) No. 27 of 2024 and MC(WA) No. 3 of 2024 are also
accordingly dismissed.
JUDGE CHIEF JUSTICE
Indrajeet
