Citation : 2025 Latest Caselaw 200 Mani
Judgement Date : 8 August, 2025
Item No. 98-101
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(Cont.Cas(C) No. 48 of 2024 with
Cont.Cas(C) No. 26 of 2024 with
MC(Cont.Cas(C) No. 43 of 2024 with
MC(Cont.Cas(C) No. 56 of 2024
H. Premjit Meetei
.....Petitioner/s
- Versus -
Kumar Pandey & 4 Ors.
.... Respondent/s
BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
08.08.2025
[1] Mr. M. Devananda, learned senior counsel for the petitioner, draws the attention of this Court to the direction in the order dated 24.08.2025 in WP(C) No. 715 of 2015 passed by this Court where termination order was set aside on technical ground with liberty to conduct fresh enquiry as per rule and if enquiry is not initiated and completed within the prescribed period, the service of the petitioner shall be deemed to be reinstated with all consequential benefits. Para 6 of the order dated 24.08.2025 is reproduced as:
"6. In view of submissions made by the learned counsel appearing for the parties and on careful examination of the material available on record, this Court is of the considered view that the issue raised in the present writ petition is squarely covered by the judgment and order dated 18-10- 2022 passed by this Court in WP(C) No. 1061 of 2019 and the present writ petition can be disposed of by granting similar relief. Accordingly, the present writ petition is disposed of with the following directions:-
(i) The impugned removal order dated 09-05-
2013, the impugned appellate order dated 28- 10-2013 and the impugned revision order dated 23-04-2014 are hereby quashed and set aside.
(ii) As the impugned orders have been quashed and set aside only on technical ground of non appointment of a presenting officer, the respondents are at liberty to initiate a fresh enquiry against the writ petitioner in respect of the same charges if they wish to do so.
(iii) In the event of initiating such an enquiry, the respondents should conduct the said departmental enquiry fairly and in compliance with the principles of natural justice and conclude the same within a reasonable time which should not be more than five months from today.
(iv) In the event of holding a fresh departmental enquiry against the petitioner, the petitioner shall be treated as under suspension with all the consequential benefits.
(v) It is also made clear that if no such enquiry is initiated and completed within the period prescribed above, the authorities are Page 4 of 5 WP(C) No. 715 of 2015 directed to reinstate the petitioner in his service with all the consequential benefits.
(vi) It is also made clear that the petitioner should fully cooperate at the time of holding the fresh departmental enquiry and if he does not extend cooperation during the said enquiry, the respondents are at liberty to approach this Court for extension of the time period."
[2] It is submitted that the enquiry was completed beyond the period of 5 (five) months as directed in (iii) of para 6 of the order and subsequently, the petitioner has been terminated from service. [3] On the next date, the respondent shall submit compliance report in terms of the direction made in para 6 of the order. [4] Mr. Boboy Potsangbam, learned CGC, prays for three weeks' time for taking instruction.
[5] List this case on 25.09.2025.
[6] Furnish a copy of this order to Mr. Boboy Potsangbam,
learned CGC for taking instruction.
JUDGE
Kh. Joshua Maring
KH. Digitally signed by
KH. JOSHUA
JOSHUA MARING
Date: 2025.08.11
MARING 14:10:54 +05'30'
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