TUNGSHANG TUIZAR, S/O (L) T K ATAYAO Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri Kh. Tarunkumar, the learned counsel appearing for the petitioner and Shri R.K. Umakanta, the learned Additional Government Advocate appearing for the respondents.

(2.) In the present writ petition, there are three main prayers:-

(3.) According to the petitioner, he was a Manipur Finance Service Grade-III (MFS) Officer and at the relevant time, he was given the charge of a Treasury Officer, Ukhrul District. In contemplation of a disciplinary proceeding, he was placed under suspension vide order dated 17-07-2003 issued by the Under Secretary (DP), Government of Manipur. On 29-08-2003 the Director of State Vigilance Commission addressed a letter to the Commissioner (DP), Government of Manipur recommending for initiating a Departmental Enquiry against the petitioner, and nine others, on the allegation that the petitioner passed certain bills of the Zonal Education Officer/ D.I. of Ukhrul for an amount of Rs. 26,90,661/- (Rupees twenty six lakh ninety thousand six hundred and sixty one) only without a Letter of Credit from the Finance Department. Thereafter, the Under Secretary (DP), Government of Manipur issued a Memorandum dated 13-10-2004 for holding an enquiry against the petitioner under the provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and accordingly, he was directed to submit his written statement of defence within 10 days therefrom. In exercise of the power conferred under Sub-rule 2 of the said Rule, Shri I.S. Laishram, IAS, Commissioner (DE), Manipur was appointed as the Enquiring Authority to enquire into the charges framed against him.