Citation : 2025 Latest Caselaw 218 Mani
Judgement Date : 11 February, 2025
LAISHRA Digitally signed
by LAISHRAM
M DHAKESHORI
DHAKESH DEVI
Date: 2025.02.11
ORI DEVI 15:36:44 +05'30'
Item No. 32
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 354 of 2024
Jebun ...Petitioner/s
Vrs.
State of Manipur & 4 ors. ...Respondent/s
-B E F O R E-
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
11.02.2025
Heard Md. Shakir Khan, learned counsel appearing for the petitioner and Mr. Shyam Sharma, learned GA appearing for the respondents.
[2] The present petition has been filed challenging the order dated 08-09-2021 issued by the Deputy Secretary (Revenue) Government of Manipur by which the petitioner has been placed under suspension. The ground for passing the suspension order is because of pendency of a criminal case under FIR case No. 86(9) 2021 LIL-PS U/S 436/34 IPC & 3/4 PDPP Act against the petitioner and other accused persons. [3] It has been submitted by the learned counsel appearing for the petitioner that the petitioner assailed the aforesaid FIR by filing Cril. Petn. No. 50 of 2022 before this court and that by a judgment and order dated 11-12-2023, this Court has allowed the said Cril. Petn. by quashing the said FIR along with all the incidental proceedings. The learned counsel for the petitioner further submitted that since the said FIR as well as all the criminal proceedings against the petitioner had been quashed by this Court, there is no ground for placing him under suspension and that the WP(C)No. 354 of 2024 Page 1 present writ petition can be allowed by quashing the impugned suspension order dated 08-09-2021.
[4] Mr. Shyam Sharma, learned GA appearing for the respondents submitted that as per the instruction given by the respondent Nos. 4 & 5, who happened to be the concerned authorities of the government, all the averments made by the petitioner in the present writ petition has been admitted and as such, any appropriate order may be passed by this court has deem fit and proper.
[5] After hearing the submission advanced by the learned counsel appearing for the parties and on examination of the materials available on record, this court is of the considered view that since the criminal proceeding under the aforesaid FIR having been quashed by this Court, there is no reason for sustaining the impugned suspension order dated 08-09-2021. This Court also found on record that other co-accused who are involved in the same criminal proceeding had also been reinstated in service with all consequential benefits consequent upon quashing of the said FIR as well as the criminal proceeding against them by this court. [6] Taking into consideration such undisputed facts, this court is of the considered view that the impugned order dated 08- 09-2021 placing the petitioner under suspension is unsustainable in the eyes of law and accordingly, the said order is hereby quashed and set aside.
[7] Consequently, the respondents are further directed to reinstate the petitioner back in service with all consequential benefits. The same should be carried out as expeditiously as
WP(C)No. 354 of 2024 Page 2 possible but not later than one month from the date of receipt of a certified copy of this order.
[8] With the aforesaid directions, the present writ petition is disposed of.
JUDGE
Dhakeshori
WP(C)No. 354 of 2024 Page 3
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