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2025 DAILYLAW 1952 (MAN)

AKOIJAM BOBBY SINGH v. SMT. NUNGSHITOMBI ATHOKPAM

CONT CAS(C)/119/2021 · 2025-09-07

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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Item No. 35 IN THE HIGH COURT OF MANIPUR AT IMPHAL Cont.Cas(C) No. 119 of 2021 Akoijam Bobby Singh …..Petitioner/s - Versus – Smt. Nungshitombi Athokpam .... Respondent/s BEFORE HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA Order 08.09.2025 [1] Present Mrs. Ayangleima, learned counsel for the petitioner and Mr. Kh. Athouba, learned G.A. for respondent Nos. 1 & 2. [2] The present contempt petition has been initiated by the petitioner for defying the direction in the order dated 06.01.2020 passed by the Ld. Single Judge of this Court in WP(C) No. 5 of 2020 whereby it was directed that Special Public Prosecutor cannot be absorbed by way of direct recruitment against the promotional post of Addl. Public Prosecutor-cum-Addl. Government Advocate (District), Manipur. However, by the order dated 16.12.2020 issued by the Secretary (Law), Government of Manipur, one Shri A. Neelakumar Singh, Spl. Public Prosecutor was absorbed as Addl. Public Prosecutor-cum-Addl. Government Advocate (District), Manipur and stated that Shri A. Neelakumar Singh was appointed as Special Public Prosecutor and his absorption is against the direction of this Court in the order dated 06.01.2020 in WP(C) No. 5 of 2020. [3] Mr. Kh. Athouba, learned G.A., also submits that vide order dated 01.06.2022, the batch of writ petitions including WP(C) No. 5 of 2020 were disposed of by this Court with a direction that Addl. Public Prosecutor-cum-Addl. Government Advocate (District), Manipur in the office of Public Prosecutor (District) shall not be filed up by way of any other method except in terms of the directions passed by this Court. [4] Mrs. Ayangleima, learned counsel for the petitioner, submits that the impugned order dated 16.12.2020 is against the direction of this Court. [5] Mr. Kh. Athouba, learned G.A., has pointed out that vide judgment and order dated 27.12.2024 passed by this Court in WP(C) No. 540 of 2022, this Court directed the State respondent to create supernumerary post for regularization of Shri A. Neelakumar Singh as Special Public Prosecutor as done with other 3 (three) Public Prosecutors and it was directed that he cannot be regularized against the post of Addl. Public Prosecutor-cum-Addl. Government Advocate (District), Manipur in defiance of the direction of this Court. [6] Mr. Kh. Athouba, learned G.A., submits that with the direction passed by this Court in the judgment dated 27.12.2024 in WP(C) No. 540 of 2022 and after direction of creating supernumerary post of Special Public Prosecutor for regularization of Shri A. Neelakumar Singh, the case of the contempt petition does not survive. [7] Mrs. Ayangleima, learned counsel for the petitioner, submits that the cause of the contempt petition still survives and the matter may be heard on merit. [8] This Court has considered the materials on record and submissions made at the bar. [9] Once the regularization of Shri A. Neelakumar Singh against the post of Addl. Public Prosecutor-cum-Addl. Government Advocate (District), Manipur has been modified to the post of Special Public Prosecutor vide order dated 27.12.2024, the concerns of the petitioner has been taken care and the cause of the contempt petition does not survive. [10] Accordingly, contempt case is closed. JUDGE Kh. Joshua Maring KH. JOSHUA MARING Digitally signed by KH. JOSHUA MARING Date: 2025.09.09 09:13:40 +05'30'