KHASI HILLS AUTONOMOUS Vs. CHARLESTONE SOHTUN
SUPREME COURT OF INDIA
KHASI HILLS AUTONOMOUS DISTRICT
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(2.)The executive committee constituted under provisions of section 6 of the united Khasi- Jaintia Hills Autonomous district (Appointment and Succession of chiefs and Headmen) Act, 1959 (hereinafter referred to as the Act) initiated certain proceedings inter alia and directed as follows:
"Now, therefore, the executive committee. after consideration of all the facts and circumstances and being fully satisfied and for doing a free, fair and impartial justice in the inquiry, hereby suspend the said U laborious manik syiem from the post of syiem of mylliem elaka with immediate effect and until further order, in exercise of the powers conferred upon it under sub-clause (ii) of the third proviso to section 6 (1) of the United Khasi-Jaintia Hills autonomous District (Appointment and succession of Chiefs and Headmen) Act, 1959 as amended. U laborious manik syiem, thus suspended shall cease to do any function relating to the office of the syiem of mylliem and shall cease to exercise with immediate effect any power either administrative or judicial which is attached or arose out of the office of mylliem syiemship. Further, the executive committee is pleased to appoint J Reebourne, additional judge, district council court Khasi Hills to conduct the inquiry into the allegations against the said U laborious manik syiem and to submit the findings and report to the executive committee within 3 months. "
(3.)This order came to be challenged in a writ petition before the High Court. The learned single judge who heard this matter held that the concerned syiem was placed under suspension without reasonable opportunity of being heard and as such, requirement is statutorily mandatory, quashed the said order ( ). The matter was carried in appeal unsuccessfully. Hence this appeal by special leave.
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