WP(C)/914/2017 of KH KESHO SINGH Vs STATE OF MANIPUR on 22 December 2017

22-12-2017

BEFOREHON’BLE MR. JUSTICE KH. NOBIN SINGH

Heard Shri Kh. Tarunkumar, the learned counsel appearing for the petitioner and Shri S. Niranjan, the learned Govt. Advocate appearing for the respondents.

By the instant writ petition, the petitioner has prayed for issuing appropriate writ or direction to quash the order dated 22-08-2017 issued by the Director (RD & PR), Government of Manipur by which the petitioner was placed under suspension in contemplation of a disciplinary proceeding.

Shri S. Niranjan, the learned Govt. Advocate submits that a Review Committee has been constituted and the matter is been considered for issuing appropriate order.

The grounds on which the aforesaid writ petition has been filed by the petitioner are that even after the expiry of 90 days as prescribed under Sub-rule (6) of Rule 10, no review was held and that in terms of the provisions of Sub-rule (7), the said impugned order dated 22-08-2017 has been rendered invalid. No order can be issued to extend the order dated 22-08-2017 which has become invalid. Therefore, in terms of the law laid down by the Hon’ble Supreme court in the case of Union of India & ors. Vs. Dipak Mali, (2010) 2 SCC 222, the impugned order is liable to be quashed and set aside.

In view of the above, the writ petition is allowed and accordingly, he impugned order dated 22-08-2017 is quashed and set aside.

JUDGE

Devananda