I.A.(Civil)/74/2026 of Dr. Bijayananda Mohanty Vs Union of India r/b Secretary Ministry of Education Govt. of India, New Delhi on 20 May 2026

ORDER

Date : 21.05.2026

Heard Ms. P. D. Bujarbaruah, learned senior counsel assisted by Mr. B. A. Wanswett, learned counsel for the applicant. Also heard Mr. C. Zoramchhana, learned senior counsel assisted by Mr. Isac Lal Remruata, learned counsel for the respondent Nos. 2, 3, 4 and 5 and Ms. Zairemsangpuii, learned CGC for the respondent No.1. On 11.05.2026, Court passed the following order: “Heard Ms. P. D. Bujarbaruah, learned senior counsel assisted by Mr. B.A. Wanswet, learned counsel for the applicant, who submits that by filing this application, the applicant seeks for stay of the implementation of the impugned order dated 19.03.2026, by which a major penalty of removal from service was imposed upon the petitioner. The applicant also prays for a direction to the respondent Nos. 2, 3 and 4 to open the lock of the petitioner’s office room and to allow him to collect his personal belongings, which includes ATM Cards, Laptop, documents and other articles and also allow the applicant to access the institutional email to receive necessary documents. The applicant also prays for his protection so that he may continue to reside in the stay during the pendency of the writ petition. Issue notice returnable by 21.05.2026. Mr. Isac Lal Remruata, learned counsel accepts notice on behalf of respondent Nos. 2, 3, 4 & 5, while Ms. Zairemsangpuii, learned CGC accepts notice on behalf of respondent No.1. Notice is therefore complete. Applicant to furnish requisite extra copies of the interlocutory application to the learned counsel appearing for the respondents today within two days. Respondents to file objection to the interlocutory application, if so advised by the next date. Mr. C. Zoramchhana, learned counsel for the NIT, Mizoram, shall also obtain instructions with regard to the prayer of the applicant specially with regards to collect his personal belongings from the office room of the petitioner since the same has been locked and sealed by the respondent authorities. Time is also granted to the applicant/writ petitioner to file an additional affidavit to bring certain additional materials on record in the main writ petition, if so advised. List the matter on 21.05.2026.” Today, Ms. P. B. Bujarbaruah, learned senior counsel submits that as per the affidavit filed by the respondent NIT, they have admitted that the applicant’s office room was locked and sealed by the respondent authorities over and above the lock already installed by the applicant. However, they have agreed to allow the applicant to retrieve his belongings. She further submits that since the respondents are willing to allow the applicant retrieve his belongings, the applicant is ready to do the same. However the applicant apprehends that there might be some undesired situation and for which, opening of the lock may be done in the presence of the police as well as the counsel for the rival parties. Mr. C. Zoramchhana also agrees to this submission that opening and retrieval of the belongings of the applicant may be done in the presence of third party. In view of above, the respondent NIT shall open the seal and lock of the office on 22.05.2026 preferably at 12:00 noon.

In order to oversee that there is no undesired situation, the Officer-In- Charge of the Bawngkawn Police Station or his representative shall be present on the spot at the time of opening of the lock and seal. The rival parties i.e., the applicant as well as the NIT authorities shall co- operate in the opening of the seal and lock of the applicant’s office. The learned counsels for the rival parties may also be present as well if they so wish. The application accordingly stands disposed of.

JUDGE Comparing Assistant