State Of Manipur vs Konjengbam Bheigyachandra Singh

Heard Shri Y. Ashang, learned Government appearing for the appellant and Smt. Th. Babita, learned counsel appearing or the respondent No. 1.

The subject matter in issue relates to the proceeding initiated by the Government under the provision of Rule 9(7) of the Manipur Public Servants’

Personal Liability Rules, 2006 against the petitioner and others. Notice dated 25-02-2008 appears to have been issued by the Committee to the

petitioner and the enquiry was proceeded but it was not completed because of which a writ petition being W.P. (C) No. 30 of 2017 was filed wherein

this Court had recorded the stand of the State Government reflected in their affidavit that the findings and the recommendations of the Committee

shall be finalized after the approval being granted by the State Government and the decision of the State Government shall be implemented through an

order issued to that effect by the Finance Department as per Rule 9(9) and (10) of the said rules. It has further been observed by the learned Single

Judge that the committee has already examined the report of the Director of Vigilance, Chief Engineer, written statements and other documents

connected with the matters under its powers and will be decided accordingly.

While disposing of the said writ petition, the learned Single Judge directed that the authority should hold and conclude the proposed enquiry against the

petitioner within a period of six months, failing which the petitioner would be entitled to full retirement and pensionary benefits. Although various

proceedings were taken thereafter, the same were not concluded as observed by the earlier order and accordingly, the writ petition being W.P. (C)

No. 323 of 2018 came to be filed which was allowed setting aside the notice dated 25-02-2018 and the proceedings of the enquiry committee initiated

against the petitioner. Relevant para Nos. 9, 10 and 11 read as under â€

“[9] The order dated 24-07-2017 passed by this court in W.P. (C) No. 30 of 2017 clearly directed the respondents to hold and conclude the

proposed inquiry against the petitioner within a period of six months failing which the petitioner will be entitled to full retirement and pensionary

benefits, which will be subject to any order that may be passed by any competent authority or forum. The said order was passed as early as on 24-07-

2017. Till date no logical conclusion has been brought to the inquiry against the petitioner nor has the petitioner been paid full retirement and

peneionary benefits. The order dated 24-07-2017 is unambiguous and deserves no further clarification.

[10] The respondents are sleeping over the order dated 24-07-2017 passed by this court and the time period of 6 (six) months to conclude the inquiry

has also lapsed. Accordingly, the respondents are directed to forthwith take steps for payment of full retirement and pensionary benefits to the

petitioner at the earliest but not later than two months from the date of receipt of a copy of the order of this court.

[11] It is also to be noted that after the issuance of the Notice dated 25-02-2008, ten long years have passed by and still the inquiry is yet to be

concluded. The listless and casual approach of the respondents clearly demonstrates that they are not serious in concluding the inquiry. It is also worth

mentioning that in all the sittings of the High Powered Committee, except its first meeting held on 19-07-2007, the petitioner was not notified and

allowed to participate in any other sittings of the High Powered Committee. The petitioner cannot be allowed to undergo such hardships any further.

Accordingly, the Notice dated 25-02-2008 and the Inquiry against the petitioner are set aside and quashed.

The writ petition is allowed. No cost.â€​

Being aggrieved by this order dated 17-09-2019, the instant writ appeal was preferred by the State Government and during the course of hearing, it

has been submitted by Shri Y. Ashang, learned Government Advocate that the enquiry proceedings had been concluded and this Court’s attention

was drawn to the proceedings taken on 01-09-2009. On perusal thereof, it appears that the enquiry has not been completed as is evident from the

proceedings taken on 26-10-2017.

In view of the above, Shri Y. Ashang, learned Government Advocate is granted two weeks’ time to seek instruction as regards the completion of

the enquiry proceedings and file an affidavit in that regard by the next date.

List the matter on 16-02-2021.

Copies of this order shall be sent to the counsels appearing for the parties through their WhatsApp/e-mail.