Manipur High Court
Aldrin Nahakpam vs The State Of Manipur on 16 October, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
SHOUGRAKPAM Digitally signed by
SHOUGRAKPAM DEVANANDA [1] IN. 36
DEVANANDA SINGH
Date: 2025.10.17 17:16:38
SINGH +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 104 of 2024
Aldrin Nahakpam, aged about 51 years, S/o N. Ingo Singh of
Thangmeiband Yumnam Leikai, P.O. & P.S. Lamphel, Imphal
West District, Manipur - 795004.
... Petitioner
-Versus-
1. The State of Manipur, through the Commissioner (Hr. &
Tech. Education), Government of Manipur, New Secretariat
Building, North Block, P.O. & P.S. Imphal, Imphal West
District, Manipur - 795001.
2. The Director of University & Hr. Edn., Government of
Manipur, Nityaipat Chuthek, P.O. & P.S. Imphal, Imphal
West District, Imphal - 795001.
3. The Principal, Biramangol College, Sawombung, P.O.
Lamlong, P.S. Heingang, Imphal East District, Manipur -
795010
... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the petitioner :: Mr. N. Ibotombi, Sr. Advocate asstd.
by Mr. Th. Ningtamba, Advocate
For the respondents :: Mrs. L. Monomala, GA
Date of hearing :: 16-10-2025
Date of judgment & order :: 16-10-2025
WP(C) No. 104 of 2024 Contd.../-
JUDGMENT & ORDER
(Oral)
[1] Heard Mr. N. Ibotombi, learned senior counsel assisted by
Mr. Th. Ningtamba, learned counsel appearing for the petitioner and
Mrs. L. Monomala, learned GA appearing for the respondents.
The present writ petition has been filed assailing the following
orders:-
(i) The order dated 27-06-2013 issued by the Secretary,
Biramangol College, Sowombung, Manipur, terminating the
service of the petitioner w.e.f. 26-04-2013;
(ii) The order dated 16-01-2019 issued by the Commissioner (Hr.
& Tech. Edn.), Government of Manipur, rejecting the
representation dated 05-12-2016 submitted by the petitioner
for revoking his termination order;
(iii) The order dated 20-04-2023 issued by the Commissioner
(Hr. & Tech. Edn.), Government of Manipur, rejecting the
petitioner's representation dated 21-01-2019 and the
representation submitted by his wife dated 28-10-2020
requesting the Government for absorption of his service as
Lecturer in Biramangol College by submitting a fresh proposal.
WP(C) No. 104 of 2024 Contd.../-
The petitioner has also prayed for issuing a direction
to the respondents to absorb the petitioner as Assistant
Professor in the discipline of Botany at Biramangol College,
Sawombung, Imphal East District, Manipur.
[2] The facts of the present case, in a nutshell, are that the
petitioner was initially appointed as a Lecturer in the Botany Department
by an order dated 03-09-1997 issued by the Secretary of the Governing
Body, Biramangol College, Sawombung, Manipur. While the petitioner
was serving as such, he was placed under suspension by the Secretary,
Biramangol College, Sawombung, by issuing an order dated 09-03-2013
on ground of unauthorized prolonged absence from duties and
non-compliance of Show-Cause notice issued to him. In the said
order, it was stated that the period of absence of the petitioner w.e.f.
01-06-2011 to 31-05-2012 shall be treated as Extraordinary Leave.
Subsequent thereto, on the basis of the Resolution No. 5 of the
Governing Body of the Biramangol College taken in its meeting held on
26-04-2013, the service of the petitioner was terminated w.e.f. 26-04-
2013 by issuing an order dated 27-06-2013 by the Secretary, Biramangol
College, Sowombung, Manipur.
[3] In the interregnum, the Biramangol College, along with five
other Aided Colleges, was converted into a full-fledged Government
WP(C) No. 104 of 2024 Contd.../-
College vide order dated 28-06-2018, issued by the Secretariat: Higher
& Technical Education Department, Government of Manipur.
Subsequent thereto, the petitioner submitted a representation dated
05-12-2016 to the then Principal, Biramangol College requesting for
revoking his termination, however, the said representation was
forwarded by the then Principal, Biramangol College to the Government
for its consideration and upon a direction given by this Court on 17-02-
2017 in WP(C) No. 1055 of 2016, the Commissioner (Higher & Technical
Education), Government of Manipur, rejected the said representation by
issuing an order dated 16-01-2019. Thereafter, the petitioner submitted
a representation dated 21-01-2019 to the Director (University & Hr.
Edn.), Government of Manipur and another representation dated 28-10-
2020 was submitted by his wife to the Commissioner (Higher & Technical
Education), Government of Manipur, inter alia, requesting for
considering his case for absorption as a Lecturer in Biramangol College
after revoking the termination order. The said representation was
rejected by the Government by issuing an order dated 20-04-2023,
hence the present writ petition.
[4] Mr. N. Ibotombi, learned senior counsel appearing for the
petitioner submitted that the petitioner was suspended from service by
the then Secretary of Biramangol College, Sawombung, by issuing an
order dated 09-03-2013 on ground of unauthorized prolonged absence
WP(C) No. 104 of 2024 Contd.../-
from duties on the part of the petitioner. However, it has been pointed
out by the learned senior counsel that under the said suspension order,
it has been clearly stated that the period of absence of the petitioner
w.e.f. 01-06-2011 to 31-05-2012 shall be treated as Extraordinary
Leave, meaning thereby that the absence from duties has been treated
by the authorities as on Extraordinary Leave. The learned senior counsel
further submitted that the termination order has been issued by the
authorities without holding any inquiry or without giving the petitioner an
opportunity of being heard and in complete violation of the principle of
natural justice. It has also been submitted that the said termination order
has been issued in complete violation of the provisions under para. 4(b)
of the rules regarding Conduct and Discipline of the Employees of
Aided Colleges. For ready reference, the provisions of Rule 4 are
reproduced hereunder:-
"4(a) The following penalties may for good and sufficient reasons be
imposed upon any employee by the authority which appoints
him/her.
(i) Censure,
(ii) Withholding of increments.
(iii) Reduction in rank,
(iv) Recovery from pay.
(v) Removal from service, which does not disqualify for future
employment.
"4(b) None of these penalties shall be imposed on an employee/until he/she
has been given reasonable opportunity of showing cause against the
action proposed to be taken in regard to him/her, and without
approval of the Director of Education provided that this clause shall
not apply-
WP(C) No. 104 of 2024 Contd.../-
(i) Where a person is dismissed or removed or reduced in rank on
the ground of conduct which had led to his/ her conviction on a
criminal charge.
(ii) Where the authority empowered to dismiss or remove an
employee or to reduce him/ her in rank is satisfied that for
special reasons to be recorded in writing, it is not reasonably
practicable to give to that person opportunity of showing
cause or.
(iii) When the appointing authority is satisfied that in the interest of
the institution or security of the State, it is not expedient to give
the persons such an opportunity.
Interpretation:- If any question arises relating to the
interpretation of these rules it shall be referred to the Government
whose decision there on shall be final."
[5] The learned senior counsel strenuously submitted that the
impugned orders dated 16-01-2019 and 20-04-2023 issued by the
Secretariat: Higher & Technical Education Department, Government of
Manipur, rejecting the representations submitted by the petitioner have
been issued without giving any reason and without considering the
factual position and the provisions of the above quoted Rule 4(b) of
the rules regarding Conduct and Discipline of the Employees of Aided
College (hereinafter "Conduct and Discipline Rules", for short). The
learned senior counsel, accordingly, submitted that the said impugned
orders as well as the termination order dated 09-03-2013 are liable to be
quashed and set aside as being arbitrary and contrary to the statutory
provisions.
[6] It has also been submitted by the learned senior counsel that
the Director of University & Higher Education, Government of Manipur,
WP(C) No. 104 of 2024 Contd.../-
wrote a letter dated 06-04-2021 to the Principal, Biramangol College,
Sawombong, requesting the latter to submit a detailed report along with
views and comments as to whether the termination of the petitioner was
done in accordance with the Manipur Education Code, 1982 or not. In
response to the said letter, the then Principal, Biramangol College, wrote
a letter dated 24-04-2021 to the Director, University & Higher Education
stating, inter alia, that the order of termination of the petitioner was not
done in accordance with the provisions of the Manipur Education
Code, 1982. Thereafter, the Director of University & Higher Education
forwarded a copy of the letter of the Principal, Biramangol College dated
24-04-2021 to the Commissioner (Higher & Technical Education),
Government of Manipur, for favour of necessary action. It has been
submitted by the learned senior counsel that despite such report to the
effect that the termination of the petitioner was not in accordance with
the provisions of the Manipur Education Code, the authorities of the
State Government have not taken up any appropriate action and they
have rejected the rightful claim of the petitioner by issuing the two
impugned orders dated 16-01-2019 and 20-04-2023. According to the
learned senior counsel, such action of the State Government is arbitrary
and not sustainable in the eyes of law.
[7] It has also been submitted by the learned senior counsel that
the Director of University & Higher Education, Government of Manipur,
WP(C) No. 104 of 2024 Contd.../-
wrote a letter dated 22-12-2021 to the Principal, Biramangol College,
requesting the latter to furnish a detailed report on the proposal to absorb
the two allegedly left out teachers of the college including the present
petitioner with supporting documents. In response thereto, the Principal,
Biramangol College, Sawombung, furnished the reports for absorption
in Government service in respect of two left out teachers including the
present petitioner along with necessary documents under a cover of a
letter dated 30-12-2021. The learned senior counsel submitted that as
all the necessary details on the proposal for absorption of the petitioner
has already been submitted to the concerned authorities of the State
Government, a prayer has been made for issuing a direction to the
respondents to consider the case of the petitioner for his absorption in
Government service after quashing and setting aside the impugned
termination order as well as the impugned rejection orders.
[8] Mrs. L. Monomala, learned GA appearing for the respondents,
by drawing the attention of this court at para. 9 of the impugned order
dated 20-04-2023, submitted that the authorities have elaborately
considered the claim of the petitioner on merit and thereafter, rejected
his claim by issuing the impugned orders. For easy reference, para. 9 of
the impugned order dated 20-04-2023 is reproduced hereunder:-
"9. And whereas, accordingly the Directorate of (UHE), Manipur vide
letter no. DUHE 17/16/2021-DUHE-DU & HE dated 15-12-2022 has
WP(C) No. 104 of 2024 Contd.../-
submitted verification committee reports along with other 2 (two) the
cases and report is reproduced as follows:
i) Aldrin Nahakpam was appointed as Lecturer in Botany vide order
no. 1/58/Appt/90-BMC dated 11-09-1997 in Biramangol College,
Sawombung. He joined the College on 11-09-1997. His service was
confirmed vide order no. 1/93/SL/93-BMC dated 14-07-2001.
ii) His name did not appear in the list of staff submitted by the
Principal of Biramangol College, Sawombung to the Director
(UHE), Manipur on 17-12-2016.
iii) He filed a writ petition being no. 1055 of 2016 before the Hon'ble
High Court of Manipur praying to consider his application for
absorption to the Government and Court in its order dated
17-02-2017 directed the Government to consider and pass
appropriate speaking orders on the representation submitted by
him for absorption to the Government.
iv) The Principal of the College submitted a report dated 30-12-2021
to the Director (UHE), Manipur along with necessary supporting
documents which include his appointment/ confirmation orders,
Participation Certificates for Orientation/ Refresher Course/
Workshop and photocopy of Identity Card No. A-662/R issued by
the College.
v) His name is also found recorded in the "College Statistics, 2008-
2009" published by Manipur University."
[9] The learned GA also submitted that in paras. 5 & 6 of the
affidavit-in-opposition filed on behalf of the respondent No. 1, it has been
clearly stated that the petitioner was suspended from service by the then
Secretary, Governing Body of the Biramangol College, Sawombung,
vide order dated 09-03-2013 and never revoked the said suspension and
subsequently, the service of the petitioner was terminated w.e.f.
26-04-2013 vide order dated 27-06-2013 issued by the then Secretary,
Governing Body of Biramangol College, Sawombung. The learned GA
further submitted that as the impugned termination order was issued by
WP(C) No. 104 of 2024 Contd.../-
the then Secretary, Governing Body of the Biramangol College,
Sawombung, the Administrative Department of the Government has no
authority to override the order issued by the then Governing Body and
that the only authority that can revoke the termination order is the
Governing Body itself. According to the learned GA, the State
respondents have no authority either to examine the legality or revoke
the termination order made by the Governing Body. It has also been
submitted by the learned GA that the name of the petitioner was never
submitted to the Government for consideration by the concerned
authorities for his absorption in Government service and as such, the
administrative authority has no power to consider the case of the
petitioner especially when the service of the petitioner had already been
terminated w.e.f. 26-04-2013. The learned GA, accordingly, submitted
that the present writ petition deserves to be dismissed as being devoid
of merit.
[10] I have heard at length the rival submissions advanced by the
learned counsel appearing for the parties and also carefully examined
all the materials available on record.
In the present case, there is no dispute with regard to the fact
that the service of the petitioner has been terminated by the Secretary,
Governing Body of the Biramangol College, Sawombung, without
WP(C) No. 104 of 2024 Contd.../-
holding any inquiry to the allegation made against the petitioner and
without affording any opportunity of being heard to the petitioner. It is
also on record that while issuing the suspension order dated 09-03-2013
it has been clearly mentioned that the period of absence of the petitioner
w.e.f. 01-06-2011 to 31-05-2012 shall be treated as Extraordinary
Leave. As such, no question arises for penalising the petitioner on
account of his absence during the said period. In view of these
undisputed facts, this court is of the considered view that the then
Secretary of the Governing Body of the Biramangol College,
Sawombung, terminated the service of the petitioner in complete
violation of the principle of natural justice and also the provisions under
para. 4(b) of the Conduct and Discipline Rules, wherein it is provided
that the removal from service shall not be imposed on an employee until
he/ she has been given reasonable opportunity of showing cause against
the action proposed to be taken against him and without the approval
of the Director of Education.
[11] In the present case, neither any reasonable opportunity has
been given to the petitioner before termination from his service nor has
the Governing Body obtained prior approval of the Director of Education
before issuing a termination order. In view of the undisputed facts, this
court has no hesitation to arrive at a conclusion that the termination order
has been issued arbitrary and in complete violation of the principle of
WP(C) No. 104 of 2024 Contd.../-
natural justice and the provisions under para. 4(b) of the Conduct and
Discipline Rules. Accordingly, the impugned orders dated 27-06-2013,
16-01-2019 and 20-04-2023 are hereby quashed and set aside.
Consequently, the respondents are directed to reinstate the petitioner
back in service forthwith with all consequential benefits as permissible
in law. Consequent upon his reinstatement in service, this court is of
the considered view that the petitioner is entitled to have his case
considered by the authorities for his absorption in Government service
as recommended by the Director of Higher & Technical Education,
Government of Manipur, in its letter dated 14-12-2022 submitted to the
Commissioner (Higher & Technical Education), Government of Manipur.
Ordered accordingly. It is made clear that the whole exercise should be
completed within a period of four months from today.
With the aforesaid directions, the present writ petition is
disposed of. In view of the facts and circumstances of the present case,
there will be no order as to cost.
JUDGE
FR / NFR
Devananda
WP(C) No. 104 of 2024 Contd.../-
