Khwairakpam Ibetombi Devi v. State of Manipur and 2 ors
WP(C)/487/2025 · 2025-07-23
Ahanthem Bimol Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1418 (MAN) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1418 (MAN) · dailylaw.ai ]
Judgment text
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Item No. 63 IN THE HIGH COURT OF MANIPUR AT IMPHAL
WP (C) No. 487 of 2025
Khwairakpam Ibetombi Devi Petitioner Vs. State of Manipur; & 2 Ors. Respondents
BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
24.07.2025
[1] Heard Mr. Ng. Jotindra Luwang, learned counsel appearing for the petitioner, Mrs. L. Monomala, learned GA appearing for the respondents. [2] The present writ petition has been filed with a prayer for quashing and setting aside the order dated 11.11.2024 issued by the Secretariat: Vety. & A.H. Department, Government of Manipur, thereby placing the petitioner under suspension in exercise of the power conferred by Rule 10 (1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 in contemplation of a departmental enquiry against the petitioner. [3] It is the case of the petitioner that after issuance of the said suspension order and after expiry of 90 days from the date of such suspension, the authority did not extend the period of suspension of the petitioner by issuing necessary orders as provided under Rule 10 (6) of the CCS (CCA) Rules, 1965. KABORA MBAM SAPANA CHANU Digitally signed by KABORAMBAM SAPANA CHANU Date: 2025.07.25 12:45:21 +05'30'
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[4] It has been submitted by the learned counsel appearing for the petitioner that under Rule 10 (7) of the CCS (CCA) Rules, 1965, it is provided that an order of suspension made under Sub-rule (1) of Rule 10 of CCS (CCA) Rules, 1965 shall not be valid after the period of 90 days unless it is extended after review, for a further period before the expiry of 90 days. According to the learned counsel, as the authorities had not extended the period of suspension of the petitioner before expiry of 90 days, the impugned suspension order dated 11.11.2024 is rendered invalid by operation of law as provided under Rule 10 (7) of the CCS (CCA) Rules, 1965. Accordingly, the learned counsel prays for quashing the impugned suspension order. [5] Mrs. L. Monomala, learned GA appearing for the respondents placed before this Court a letter dated 23.07.2025 from the Joint Secretary, (Vety.
& A.H.), Government of Manipur addressed to the learned Government Advocate stating inter-alia that the period of suspension of the petitioner had not been extended after the expiry of 90 days and that the petitioner submitted joining report to the Director, Veterinary and Animal Husbandry, Government of Manipur on
14.02.2025. In view of the contents of the said letter dated 23.07.2025, the learned Government submitted before this Court to pass an appropriate
order as deemed fit and proper.
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[6] In the present case, as there is no dispute with regard to the fact that the period of suspension of the petitioner was not extended by the authority before expiry of 90 days after issuance of the impugned suspension order dated 11.11.2024, in my considered view the said impugned suspension order has been rendered invalid by virtue of the provisions as provided under Rule 10 (7) of the CCS (CCA) Rules, 1965. [7] Considering the statement made in the letter dated 23.07.2025 of the Joint Secretary, (Vety. & A.H.), Government of Manipur, to the effect that the period of suspension of the petitioner had not been extended after expiry of 90 days and that the petitioner had already submitted the joining report to the Director, (Vety. & A.H.), Government of Manipur on 14.02.2025, this Court is of the considered view that the suspension order is not sustainable in the eyes of law and accordingly, the impugned suspension order dated 11.11.2024 is hereby quashed and set aside. [8] Consequently, the authorities are directed to release all the entitled benefits due payable to the petitioner within a period of 2 (two) months from the date of receipt of a certified copy of this order. [9] With the aforesaid direction, the present writ petition is
disposed of.
JUDGE Sapana