Decided on March 19,2019

Wangkhemcha Shamjai Appellant


- (1.) Heard Mr.Th.Ibohal, learned counsel for the petitioner as well as Mr.N.Kumarjit, learned Advocate General, Manipur for the State respondents. The prayers in the petition are as follows:- "a) An order of ouster of private respondent-2 the person holding the office in question. b) An injunction restraining private respondent-2 from discharging any of the function, rights or duties of the office of the Member Secretary, MPCB; c) Director the State respondent to cancel impugned order of appointment order ANNEXURE/A/8 as invalid; d) Director the private respondent-2 to vacate the office or e) Removing the respondent from the office mentioned in this petition and directing him not to usurp the said office and Rule nisi in terms of prayer (a) (b) (c) and such order or further order as their Lordship may deem fit and proper." This PIL has been filed seeking the above stated reliefs challenging Annexure A/8, order by the Governor, Manipur dated 10.3.2015 which reads as follows:- "Government of Manipur Secretariat : Forest and Environment Department ......... ORDER BY THE GOVERNOR : MANIPUR Imphal, the 10th March, 2015 No. 23/5/2012-MPCB(For and Envt) : On the recommendation of DPC held on 4-3-2015, the Governor of Manipur is pleased to appoint Shri T.Mangi Singh, Senior Environmental Engineer, Manipur Pollution Control Board to the post of Member Secretary, Manipur Pollution Control Board on promotional basis as full time Member Secretary in the scale of pay of Rs.14300-450-22400 (pre-revised) with immediate effect and until further order. He will be on probation for 2(two) years. By order and in the name of Governor Sd/- (Kengoo Zuringla) Joint Secretary (For and Envt.) Govt. of Manipur." This appointment was made on the basis of of the order dated 27.2.2015, Govt. of Manipur, Annexure-A/7, page 37. " Government of Manipur Secretariat : Forest and Environment Department ......... ORDER BY THE GOVERNOR : MANIPUR Imphal, 27th February, 2015 No. 23/5/2012-MPCB (For and Envt.): The Governor of Manipur is pleased to notify the Rules regulating the method of recruitment and terms and conditions of service governing the statutory post of Member Secretary of Manipur Pollution Control Board required to be filled up by the state government under Section 4(2)f of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 5(2)f of the Air (Prevention and Control of Pollution) Act, 1981 which inter-alia provides the full time Member Secretary for the State Pollution Control Board as under:- 1. SHORT TITLE: These Rules may be called the "Member Secretary, Manipur Pollution Control Board Method of Recruitment and Terms and Conditions of Service Rules, 2015" 2. APPLICATION: These Rules shall apply to the post specified in Column 1 of the Form annexed herewith. 3. CLASSIFICATUION, SCALE OF PAY, METHOD OF RECRUITMENT, ETC: The classification of the post, scale of pay, method of recruitment and other matters connected herewith shall be as specified in column 3 to 13 of the above Form. 4. DISQUALIFICATION a. No. person who has more than one wife living who having a spouse living remarries in which such marriage is void by reason of its taking place during the lifetime of the spouse, shall be eligible for appointment to the post. b. No woman whose marriage is void by reasons of her husband having another wife living at the time of such marriage or who has married to another person while having a husband- the previous marriage is still valid in the eyes of the law shall be eligible for appointment to the post. 5. The Rules shall come into force with immediate effect. Sd/- (Kengoo Zuringla) Joint Secretary (For and Envt.) Government of Manipur" According to the petitioner, the appointment of the second respondent is mired in irregularity, impropriety and mis-statement of claim. Therefore, the PIL is filed for issuing a writ of Quo warranto to call upon the 2nd respondent to show cause why his appointment as aforesaid should not be set aside.
(2.) The petitioner is presently holding the post of Member Secretary, Manipur Pollution Control Board by order dated 23rd August, 2018 passed by the Government of Manipur, Forest & Environment Department, page 65 (Annexure-A/16). For reasons best known to him, the petitioner has not challenged the Annexure-A/16, page 65 appointment order but has challenged the earlier order dated 10.3.2015 (Annexure-A/8) which has no relevance to allegation in the present case. All the allegations in the writ filed in public interest are relating to the past service of the petitioner. The object of the PIL appears to call upon this Court to embark on a roving enquiry against the second respondent.
(3.) The various allegations made in the affidavit in respect of the petitioner in the petition are not supported by any reliable material referable to the respondent department. The learned senior counsel for the petitioner did not point out to us any material to substantiate the allegation in the petition except saying that rules framed in the year 2015 is not correct. The rule 2015 is unfair and made specifically for the second respondent. Hence, it is malafide. The selection is contrary to fair play and is arbitrary.;

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