B. KWINGSHON SHANGOI SYIEM Vs. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) IN this writ petition, this Court passed an interim order dated 19.08.2014, operative portions of which read as follows: -

(2.) THE respondent No. 5 filed a short affidavit -in -opposition wherein, it is stated that in compliance with the directions of this Court in the said interim order dated 19.08.2014, the petitioner had handed over such as office keys, Almirahs, twenty chairs, three tables, three wooden chairs, seven plastic chairs and eleven registers relating with the matters of the Hima on 23.08.2014 to the Administrator Myriaw Syiemship Mr. C. Kharshiing i.e. Joint Secretary to the Executive Committee, Khasi Hills Autonomous District Council (for short 'KHADC'), Shillong and all the documents such as Pass Book with Account No. 1504002815 -5 of Meghalaya Rural Bank, Markasa Branch indicating depositor's name as Hima Myriaw Syiemship which authorized Shri. B. Kwingshon Syiem and Shri. Kwelshon shangoi Syiem. Total amount of balance money = Rs. 7, 98, 161 (Rupees seven lakhs, ninety eight thousand and one hundred sixty one) only, 1 number of cheque book bearing account number indicated above, 21 number folios, 1 number of book beginning from 2009 -2010 till August illegible, Audit Report for the year 2009 -2010 till 2012 -2013, pay register, receipt books 2 numbers (used) and 1 number (unused), 1 file containing vouchers and cash memos and cash receipt, 3 numbers of registers and 29 numbers of office files to the Administrator Myriaw Syiemship Mr. C. Kharshiing i.e. Joint Secretary to the Executive Committee, KHADC, Shillong on 01.09.2014.

(3.) MR . SM Suna, learned counsel for the petitioner contended that the Executive Committee, District Council has not yet furnished the copy of the said enquiry report dated 08.07.2014 as well as the suspension order to the petitioner; if that be so, the respondents No. 1 -4 have to furnish the copy of the said enquiry order dated 08.07.2014 as well as all the documents basing on which the said enquiry report had been submitted and also the copy of the said suspension order dated 08.08.2014 to the petitioner within a period of one week from today. For conducting the said enquiry against the petitioner, article of charges should be framed and also the Presenting Officer should be appointed in the said enquiry and also chance should be given to the petitioner to appoint his defence assistance before initiating the enquiry proceedings against him and the enquiry shall be started thereafter. The proposed enquiry against the petitioner, if initiated, after completing all the formalities indicated above, should be completed within a period of four months from the date of receipt of a certified copy of this judgment and order. However, it is made clear that the petitioner shall cooperate with the enquiry officer in completing the enquiry and time taken by the petitioner for filing his written statement of defence, will be excluded in counting the said period of four months. Mr. C Kharshiing, shall continue as Administrator Myriaw Syiemship; and if not completed, the respondents No. 1 to 4, because of their lapses, shall allow the writ petitioner to function as Syiem of Myriaw Syiemship without prejudicing the continuation and result of the said enquiry.