CHANAM CHAOBA SINGH, S/O LATE CH PHEIJAO SINGH OF KHURAI THANGJAM LEIKAI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri Kh. Chonjon, the learned Sr. Advocate assisted by Shri Th. Subol, the learned counsel appearing for the petitioner; Shri K.R. Pamei, the learned counsel appearing for the respondent No. 5 and Shri R.K. Umakanta, the learned Addl. Government Advocate for the State Respondents.

(2.) The subject matter in issue involved herein is probably the oldest one in this High Court, in the sense that the order being O.B. No. 1102 dated 04-06-1960 is under challenge in this writ petition.

(3.) [3.1] The facts of the case as narrated in the petition are that the petitioner was initially appointed by his Highness, the Maharaja of Manipur as a Constable of the erstwhile Manipur State Police on 03-02-1944 under Rule 8 of the Rules for the Management of the State of Manipur. On 06-06-1944 the petitioner was promoted to the post of Asstt. Sub-Inspector and was further promoted to the post of Sub-Inspector vide order dated 30-09-1950. The petitioner, while in service, completed his graduation; passed the prescribed departmental examination under the Assam Public Service Commission in the year 1956 and cadet's training from Barrakpur PTC, West Bengal. While the petitioner was serving as SubInspector, he was superseded by one Shri Th. Shandabihari Singh as Inspector on the plea of his being a graduate and very shortly thereafter, the petitioner learnt of a recommendation made for promotion of one untrained matriculate Jr. Sub-Inspector without considering his case. Being aggrieved by the action of the authorities, he made a protest note / representation dated 22-08-1959 to the Superintendent of Police, Manipur, with an advance copy to the Hon'ble the Chief Commissioner, Manipur for favour of information, praying for consideration of his promotion by holding a Review DPC.