Research › Search › Judgment

High Court of Manipur · body

2025 DAILYLAW 846 (MAN)

Jangkhohao Haokip v. State of Manipur and 3 others

WP(C)/207/2025 · 2025-05-18

Ahanthem Bimol Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Item No. 31 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 207 of 2025 Jangkhohao Haokip Petitioner Vs. State of Manipur & 3 Ors Respondents BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 19.05.2025 [1] Heard Mr. Serto T. Kom, learned counsel appearing for the petitioner and Mr. Th. Vashum, learned G.A appearing for the respondents. [2] The case of the petitioner is that while the petitioner was serving as ZEO, Churachandpur, he was placed under suspension in contemplation of a departmental enquiry against him by issuing order dated 12.01.2024 by the Secretariat Education (S), Department in exercise of power conferred by Rule 10(1)(a) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965. Thereafter, the period of suspension of the petitioner has not been extended by the authorities. According to the learned counsel appearing for the petitioner under sub- rule (6) of Rule 10 of the CCS(CCA) Rules, 1965 it is, inter alia provided that the period of suspension of the government employee is only for 90 days unless the period of suspension is extended by the authorities on the recommendation of a Review Committee as provided under sub-rule (6) of Rule 10 of the CCS (CCA) Rules, 1965. [3] The learned counsel further submitted that under sub-rule (7) of Rule 10, it is also provided that unless the period of suspension of the LUCY GURUM AYUM Digitally signed by LUCY GURUMAYUM Date: 2025.05.19 16:47:51 +05'30' 2 government employee is extended as provided under sub-rule (6) of Rule 10, the suspension order become invalid after expiry of 90 days. It has been submitted on behalf of the petitioner that in the present case, as the authorities have not extended the period of suspension by issuing necessary order, the impugned suspension order dated 12.01.2024 has become invalid by operation of law and accordingly a prayer has been made for quashing and setting aside of the said suspension order. [4] Mr. Th. Vashum, learned G.A appearing for the respondents submitted that he has received instruction from the authorities that the period of suspension in respect of the petitioner has not been extended by the authorities, and in support of such submission, the learned G.A placed before this Court a letter dated 09.05.2025 from the Secretariat Education(S), Department. [5] In view of the undisputed factual position as submitted by the learned counsel appearing for the parties, this Court is of the consider view that the impugned suspension order dated 12.01.2024 in respect of the petitioner has been rendered invalid by operation of law as provided under sub-rule(6)&(7) of Rule 10 of the CCS (CCA) Rules, 1965. Accordingly, the said impugned suspension order dated 12.01.2024 in respect of the petitioner is hereby quashed and set aside. The respondents are directed to reinstate the petitioner back in service forthwith with all the consequential benefits. [6] With the aforesaid direction, the present petition is disposed of. JUDGE Lucy