NONGMAITHEM DHANI SINGH Vs. THE CHIEF COMMISSIONER, MANIPUR AND ANOTHER
HIGH COURT OF GAUHATI
Nongmaithem Dhani Singh
The Chief Commissioner, Manipur And Another
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R.S. Bindra, J.C. -
(1.) By an order dated 7th of June, 1967, the Chief Secretary, Government of Manipur, issued notice under sub -rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, to N. Dhani Singh, a temporary Stenographer in the Manipur Secretariat, intimating that his services shall stand terminated one month after the service of notice on him. N. Dhani Singh, the writ -petitioner herein, filed an appeal with the Chief Commissioner, Manipur, assailing the validity of the notice served on him. That appeal was rejected by the Chief Commissioner on 15th of July, 1967. On 16 -1 -1968 the present writ petition was filed wherein it was alleged that the orders of the Chief Secretary and the Chief Commissioner were violative of the rules of law and principles of natural justice and so it was prayed that they be quashed by a writ of certiorari.
(2.) The petitioner was temporarily appointed a Stenographer in the Manipur Secretariat on 1st of December, 1958. According to his allegations, his wife was taken seriously ill and so he prayed for leave sometime in March, 1967. That leave, it is said, was granted upto 23 -3 -1967: Thereafter, he applied for extension of leave upto 29 -4 -1967. Since his wife was recommended some major operation, which probably could not be done at Imphal, the petitioner left that station on 26 -4 -1967 for Dibrugarh in Assam. He happened to address another application to the Chief Secretary, before leaving for Dibrugarh, for extension of leave upto 31 -5 -1967.
After the necessary treatment at Dibrugarh the petitioner returned to Imphal on 27 -5 -1967 and sent a copy of the medical certificate secured by him from the hospital at Dibrugarh to the under Secretary at Imphal, apparently to justify his departure for Dibrugarh without permission to leave the station of his posting. Though the petitioner had enjoyed leave firstly from 24th of March to 29th of April, 1967, and then from 30th of April to 31st of May, 1967, without the same being first sanctioned, the Government ultimately, as a measure of good -will, granted him leave right upto 31 -5 -1967. The petitioner attended office on 1 -6 -1967 and on the 7th of June, as stated above, he received a notice from the Chief Secretary terminating his services.
(3.) The termination of his services was challenged on the following grounds outlined in Para. 7 of the writ petition :
(1) The order terminating his services offends the provisions of Art. 311(2) of the Constitution inasmuch as he was a quasi -permanent Government servant and not a merely temporary employee;
(2) The juniors of the petitioner having been continued in service, the termination of his services offends the principles of natural justice; and
(3) The impugned order was mala fide.;
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