Th. Nonglenkhomba Singh vs State Of Manipur & Ors.

Ahanthem Bimol Singh, J

Heard Mr. M. Hemchandra, learned senior counsel assisted by Ms. Rinika Maibam, learned counsel appearing for the petitioner and Mr. Shyam Sharma, learned GA appearing for the respondents.

In view of the limited prayer made on behalf of the petitioner and as agreed to by both the counsel appearing for the parties, the present writ petition is being disposed of at the Motion stage itself.

At the outset, Mr. M. Hemchandra, learned senior counsel submitted that for redressing the grievance raised in the present writ petition, the petitioner has already submitted a representation dated 19-09-2016 to the Additional Chief Secretary (Home), Government of Manipur, and that the said representation is still pending for consideration and disposal. The learned senior counsel further submitted that the petitioner will be satisfied for the time being if the present writ petition is disposed of by issuing a direction to the Additional Chief Secretary (Home), Government of Manipur, to consider the said representation on its own merit and strictly in terms of the applicable rules and to dispose of the same by passing appropriate orders within the stipulated period.

Mr. Shyam Sharma, learned GA appearing for the respondents submitted that as the subject matter raised in the present writ petition involves the change of the merit position of the incumbents promoted to the post of Inspector, a further direction may be issued to the Additional Chief Secretary (Home), Government of Manipur, to notify all the officers placed above the petitioner and to submit their objections, if any, at the time of considering the said representation. The learned GA further submitted that as the prayer made on behalf of the petitioner is confined to the consideration and disposal of the representation submitted by him, he has no objection in disposing of the present writ petition as prayed for by the learned senior counsel appearing for the petitioner.

Taking into consideration the submissions advanced by the learned counsel appearing for the parties and on perusal of the record, this court is of the considered view that interests of justice will be served by issuing the following directions:-

(i) The Addl. Chief Secretary (Home), Government of Manipur, is hereby directed to consider the said representation dated 19-09-2016 submitted by the petitioner strictly on its own merit and provisions of the applicable rules and to dispose of the same by passing appropriate orders;

(ii) At the time of considering the said representation, the Addl. Chief Secretary (Home), Government of Manipur, is directed to notify all the officers placed above the petitioner to submit any objection to the claim made by the petitioner and to give an opportunity of being heard. The whole process of considering and disposal of the said representation shall be completed within a period of three months from the date of receipt of a certified copy of this order.

(iii) It is also made clear that the petitioner is at liberty to submit a copy of the said representation along with a copy of this order to the Addl. Chief Secretary (Home), Government of Manipur, if so advised.

With the aforesaid directions, the present writ petition is disposed of.