Palmei Langbanjao v. State of Manipur and 3 Others
MC(WP(C))/275/2025 · 2025-04-09
Ahanthem Bimol Singh
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 1042 (MAN) · dailylaw.ai ]
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[ 2025 DAILYLAW 1042 (MAN) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(C) No. 299 of 2025 Contd…/-
IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 299 of 2025 Palmei Langbanjao
… Petitioner Vs. State of Manipur & ors. … Respondents B E F O R E HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH O R D E R 09-04-2025
Heard Mr. Ch Ngongo, learned senior counsel assisted by Ms. Gangarani, learned counsel appearing for the petitioner. Issue notice, returnable within four weeks. As Mr. Shyam Sharma, learned GA entered appearance and accepts notice on behalf of the respondents, no formal notice is called for. The case of the petitioner is that he was placed under suspension by an order dated 05-02-2014 on account of his detention in connection with a criminal case and the period of his suspension was extended from 15-02-2014 continuously by issuing different orders for a period of more than eleven years until he was reinstated into service by an order dated 01-03-2025. Consequent upon his reinstatement in service, the petitioner reported to his superior officer for allowing him to join his duty and to discharge his functions, however, as the immediate competent authority of the petitioner refused to allow him to join and assign his duty, the petitioner submitted his representation to the DGP with a request for allowing him to join and to allow him to discharge his duty. When the authorities including the DGP, Manipur, did not consider the request made by the petitioner, the petitioner approached this court IN. 1 SHOUGRAKPAM DEVANANDA SINGH Digitally signed by SHOUGRAKPAM DEVANANDA SINGH Date: 2025.04.09 15:56:50 +05'30'
WP(C) No. 299 of 2025 Contd…/-
and on his prayer, this court passed an order dated 01-04-2025 in WP(C) No. 837 of 2024 thereby directing the DGP, Manipur, to consider the representation submitted by the petitioner and to dispose of the same within fifteen days by issuing a speaking order. Pursuant to the said order passed by this court, the petitioner through his counsel submitted a representation to the concerned authorities including the DGP, Manipur, to comply with the direction given by this court. However, quite surprisingly, instead of complying the direction given by this court, the Commandant, 5th Battalion, Manipur Rifles, Khongjaron, issued an order dated 03-04-2025 placing the petitioner again under suspension in contemplation of a Departmental Enquiry.
On perusal of the said suspension order, it is clearly seen that the purpose of holding the Department Enquiry is on the ground that the petitioner has violated the protocol for approaching the DGP with a request for allowing him to join duty and not only placing the petitioner under suspension, the authorities have also cancelled the earlier order revoking his suspension. The learned counsel appearing for the petitioner submitted that the actions of the authorities in placing the petitioner under suspension for more than eleven years on ground of inability on the part of the authorities to conclude the Departmental Enquiry held against him and then after reinstating him back in service and thereafter, to again place him under suspension and to revoke his earlier suspension order only on the ground that the petitioner approached the DGP for allowing him to join his service are totally mala fide and in colourable exercise of power. The learned counsel further submitted that the refusal on the part of the authorities to comply with the direction given by this court amounts to degrading the dignity of this court and majesty of rule of law and they have committed gross contempt of this Hon’ble court. The learned -2-
WP(C) No. 299 of 2025 Contd…/-
counsel, accordingly, prays for passing an interim order for suspending the impugned suspension order and also for issuing a direction to the authorities to comply with the earlier direction given by this court. Mr. Shyam Sharma, learned GA appearing for the respondents seeks some time to get instruction from authorities and for filing a detailed counter affidavit. As prayed for by the learned GA, list this case again on 23-05-2025. In the meantime, it is hereby directed that the impugned order dated 03-04-2025 shall remain suspended.
Further, the Director General of Police, Manipur, respondent No. 2 herein is directed to comply with the direction given by this court in its order dated 01-04-2025 in WP(C) No. 837 of 2024 without any further delay. JUDGE Devananda
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WP(C) No. 299 of 2025 Contd…/-
IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(WP(C)) No. 275 of 2025 (Ref:- WP(C) No. 299 of 2025) Palmei Langbanjao
… Applicant Vs. State of Manipur & ors. … Respondents B E F O R E HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH O R D E R 09-04-2025
In view of the order passed today in the main writ petition, the misc. case stands closed. JUDGE Devananda
IN. 2 SHOUGRAKPAM DEVANANDA SINGH Digitally signed by SHOUGRAKPAM DEVANANDA SINGH Date: 2025.04.09 15:57:10 +05'30'