01Facts
The petitioner, an Agriculture Officer, faced a departmental inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, initiated by memorandum dated 26 February 2020, and a separate inquiry under Rule 9(7) of the Manipur Public Servants’ Personal Liability Rules, 2006, initiated by notice dated 10 January 2018.
pp. 2–3He submitted written statements of defence, but no further proceedings were pursued for several years.
pp. 2–3Having retired on 31 May 2020, he remained deprived of pensionary and other retiral benefits pending the inquiries.
pp. 2–3He sought directions for the inquiries to be concluded, relying on an earlier order in WP(C) No. 30 of 2017.
pp. 2–3The State did not oppose disposal on similar terms.
p. 402Issues
i.Whether the respondents should be directed to conclude the two pending inquiries against the petitioner within a specified period
pp. 3–4ii.Whether, if the inquiries are not concluded within that period, the petitioner should receive his pensionary and other retiral benefits, subject to the competent authority’s eventual decision
pp. 4–503Law Applied
Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, governed the departmental inquiry, while Rule 9(7) of the Manipur Public Servants’ Personal Liability Rules, 2006, governed the inquiry concerning public-servant liability.
pp. 2–3The Court also followed its earlier order dated 24 July 2017 in WP(C) No. 30 of 2017, under which inquiries were to be concluded within six months and, if not concluded, pensionary and retiral benefits were to be released, subject to any subsequent order by the competent authority.
pp. 3–404Reasoning
The petitioner had submitted his defences, but the two inquiries had remained inactive for years, while their pendency prevented him from receiving his retirement benefits.
p. 3Given the prolonged delay, the State’s lack of objection, and the approach adopted in WP(C) No. 30 of 2017, the Court considered it appropriate to set a six-month deadline for concluding both inquiries and to provide for release of benefits if that deadline was missed.
pp. 4–505Holding
The Court disposed of the petition and directed the respondents to conclude both inquiries within six months from receipt of a certified copy of the order.
p. 5If they failed to do so, the respondents were directed to release the petitioner’s pensionary and other retiral benefits as early as possible, and no later than three months thereafter.
p. 5Any release would remain subject to an order passed by the competent authority upon conclusion of the inquiries.
p. 5Original Court PDF
Moirangthem Damu SinghvsState of Manipur and 2 ors
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
