S.MANGLEMJAO SINGH Vs. UNION OF INDIA
HIGH COURT OF MANIPUR
S. Manglemjao Singh
UNION OF INDIA
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KH.NOBIN SINGH,J. -
(1.) Heard Shri Anjan Prasad Sahu, learned Advocate appearing for the petitioner; Shri Niranjan Sanasam, learned GA appearing for the State respondents and Shri W. Darakishwor, learned Sr. PCCG appearing for the Union of India.
(2.) The validity and correctness of the order dated 04.11.2019 passed by the Hon'ble Tribunal in O.A. No.042/00338 of 2019 is under challenge in this writ petition and in addition thereto, the petitioner has prayed for issuing a writ of certiorari or any other appropriate writ to quash and set aside the impugned departmental enquiry pending for more than one year and also to issue a writ of mandamus or any other appropriate writ to direct the respondents to release the pensionary benefits of the petitioner.
(3.) Facts and circumstances as narrated in the writ petition are, in short, that the petitioner is an ex-IPS Officer who had served as the Inspector General of Police (Zone-III), Government of Manipur and had retired on attaining the age of superannuation on 29.02.2016. After a lapse of more than two years from the date of his retirement, a departmental enquiry was ordered to be initiated against him and accordingly, an Enquiry Officer was appointed to conduct the enquiry into the charges framed against him vide order dated 09.04.2018 issued by the Department of Personnel and Administrative Reforms (Personnel Division), Government of Manipur. Thereafter, a letter dated 5.5.2018 was issued informing him that a preliminary/ regular hearing would be held on 18.05.2018 and that the petitioner should attend the same.
3.2. On 06.06.2018, the Enquiry Officer passed an order to the effect that the Presenting Officer should submit his written brief within ten days with a copy to be furnished to the Defence Assistance who could submit his written brief within ten days thereafter. The Presenting Officer failed to submit his written brief, even though the extension of time was granted, because of which the Enquiry Officer vide its letter dated 26.07.2018 advised the petitioner to submit his written brief within ten days. In response to the said letter, the petitioner submitted his written brief vide his letter dated 06.08.2018 explaining the allegations with necessary documents as regards the supply of Leather Belt Black with Crest numbering 20000 which were procured during the year, 2013-2014 and were received by the 1st MR Store and had been fully issued to the Manipur Rifle Units with nothing left unissued in the stock register. It has further been stated that the stock which were found by the Hon'ble Chief Minister, Manipur during the surprise inspection, were the belts from another stock which were subsequently ordered and were received by the 1st MR Imphal on 16.05.2016 for which the present petitioner was not responsible, as at that point of time, he was not the Chairman of the Committee nor was he related in any manner.
3.3. After the written brief having been submitted by the petitioner, there was no subsequent development at all in the departmental enquiry nor was any final report submitted by the Enquiry Officer. Being highly aggrieved, the petitioner submitted a representation dated 05.09.2019 to the Chief Secretary, Manipur stating that even after a lapse of about a year, there was no conclusion of the enquiry nor was any final report submitted, because of which his pensionary benefits were withheld and in the representation, it has also been stated that since the petitioner having been diagnosed with non alcoholic liver cirrhosis due to buddchairi syndrome in the month of January, 2019, he had to undergo liver transplant at Fortis Hospital, Noida in the month of April, 2019 and therefore, he requested the authority to close the enquiry and release the pensionary benefits which the authority failed to do so. ;
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