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2025 DAILYLAW 711 (MAN)

Jwala Kumar Singh v. Union of India and 7 Others

WA/9/2025 · 2025-03-03

Golmei Gaiphulshillu Kabui

body2025

Judgment text

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W.A. No. 9 of 2025 Page 1 Item No. 37 IN THE HIGH COURT OF MANIPUR AT IMPHAL W.A. No. 9 of 2025 Jwala Kumar Singh Appellant Vs. Union of India; & Ors. Respondents BEFORE HON’BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI 03.03.2025 D. Krishnakumar, C.J.: [1] Ms. L. Sillori, learned counsel, appears for the appellant and Mr. S. Vijayanand Sharma, learned Sr. PCCG, appears for the respondents. [2] The present writ appeal has been filed by the writ petitioner, assailing the impugned order dated 28.01.2025 passed in W.P. (C) No. 381 of 2023 disposing of the same without expressing any opinion on the merit of the case and giving liberty to the petitioner to challenge the consequential order dated 02.05.2023. [3] Learned counsel for the appellant has made an attempt to submit that that the prayer as sought for by the petitioner is still maintainable to decide the merit of the case but without looking into the aforesaid submission made by the appellant, the writ court has disposed of the writ petition with liberty to the petitioner to challenge the consequential order dated 02.05.2023. [4] The writ petition has been filed challenging the impugned termination order dated 23.03.2023. It is brought to the notice of this Court that during the pendency of the writ petition, consequential order dated 02.05.2023 KABORAMBA M SANDEEP SINGH Digitally signed by KABORAMBAM SANDEEP SINGH Date: 2025.03.07 12:43:06 +05'30' W.A. No. 9 of 2025 Page 2 was passed by the respondent department modifying the impugned termination order. However, the said consequential order was not under challenge in the instant writ petition. [5] A copy of the said order dated 02.05.2023 has been also placed before the writ court. [6] In such circumstances, this Court is of the view that the writ court has rightly came to the conclusion by disposing of the writ petition granting liberty to the petitioner to challenge the consequential order dated 02.05.2023. [7] Since the consequential order dated 02.05.2023 is not challenged in the writ petition, and liberty has been granted by the writ court, it is for the petitioner to raise all the grounds by filing a fresh petition before the appropriate forum, challenging the impugned termination order dated 23.03.2023 and consequential order dated 02.05.2023. [8] With the above liberty, the present writ appeal is disposed of. JUDGE CHIEF JUSTICE Sandeep