DV – Govt Promotion withheld

IN THE GAUHATI HIGH COURT
(The High Court of Assam, Nagaland, Manipur, Meghalaya, Tripura,Mizoram and Arunachal Pradesh)
IMPHAL BENCH

WRIT PETITION (C) NO. NO.74 OF 2006

Dr. G. Mani Sharma,
S/o G. Lala Sharma of Chingmathak
Ngakraba Leirak, P.S. Imphal,Imphal West District, Manipur State.
… Petitioner.
-vrs-
1. The State of Manipur, represented by the Commissioner (Health & FW),Government of Manipur, Imphal.
2. The Director of Health Services,Government of Manipur, Imphal.
3. The Under Secretary Health,Govt. of Manipur, Imphal.
4. The Manipur Public Service Commission,Represented by its Secretary, Imphal.
5. Dr. Ayekpam Gojendra Meetei.
6. Dr. S. Sukumar Singh.
….. Respondents.

BEFORE
THE HON’BLE MR. JUSTICE T. NANDAKUMAR SINGH

For the Petitioner :: Mr. N. Ibotombi Singh,Advocate
For the Respondents :: Mr. A. Jagatchandra Singh,
Sr. G.A.

Date of hearing and judgment and order :: 10.04.2006

JUDGMENT AND ORDER(ORAL)

1. Heard Mr. N. Ibotombi Singh, learned counsel for the petitioner as well as Mr. A. Jagatchandra Singh, learned Sr. G.A. appearing on behalf of all the respondents.

2. Considering the nature of this case this writ petition is disposed of at this stage.

3. It appears from the submissions of the learned counsel for the petitioner and also from the documents available in the present writ petition that there was a Departmental Promotion Committee associated with the Manipur Public Service Commission held on 25.10.2005 in the Office room of the Hon’ble Member Manipur Public Service Commission for appointment by promotion to the Grade-II of the Manipur Health Service. It is said that the petitioner being one of the senior most Manipur Health Service Grade-III Officers and also within the zone of consideration was considered for appointment by promotion to the Manipur Health Service Grade-II by the DPC held on 25.10.2005. The learned counsel for the petitioner frankly submits that a criminal trial is pending against the petitioner before the court of the learned Special Judge, Manipur East and in that case not only the present petitioner but also two other doctors, namely Dr. S. Sukumar Singh and Dr. A. Gojendro Meetei, are the accused.

4. In the cases of Dr. S. Sukumar Singh and Dr. A. Gojendro Meetei, the proceedings of the said DPC associated with the MPSC which held on 25.10.2005 was not kept under sealed cover but the case of the petitioner was kept under sealed cover. In this regard the learned counsel for the petitioner by referring to the decision of the Apex Court in MBC Chaturvedi – Vrs – Union of India, (1995) 6 SCC page 749 submits that the two courses are left open to the appointing authority either to keep the departmental promotion committee of the persons involved in the disciplinary proceedings/ criminal proceedings under sealed cover or appoint them subject to the result of the disciplinary proceedings or/criminal proceedings.
But in the case of those doctors, i.e. Dr. S. Sukumar Singh and Dr. A. Gojendro Meetei who are similarly situated with the present writ petitioner in as much as they are facing the same trial before the Special trial case, the Govt. already issued an order being No.1/50/2000-M Imphal the 24th November, 2005 for promoting them to the Manipur Health Services Grade-II on the recommendation of the said departmental promotion committee which was said to have been held on 25.10.2005, but in the case of the petitioner the government has taken the option of keeping the proceedings of the said DPC under sealed cover. Such being the situation, the learned counsel for the petitioner has strenuously submitted that a partial treatment had been meted out to the present petitioner inasmuch as the government of Manipur had failed to treat the similarly situated doctors equally.
In the facts and circumstances mentioned above and taking into consideration of the submissions of the learned counsel for the petitioner as well as on perusal of the order of the Govt. of Manipur dated 24.11.2005 and the order of the learned Special Judge, Manipur East dated 29.11.2005 in Special Trial Case No.15/91/7/91 which shows very clearly that the petitioner and said two doctors are the accused for the said trial, this writ petition is disposed of by directing the Govt. to treat the petitioner in the manner the government of Manipur had treated the said two doctors, i.e. Dr. S.Sukumar Singh and Dr. A. Gojendro Meetei by promoting him to Grade-II of MHS, in case the petitioner is recommended by the said departmental promotion committed associated with the Manipur Public Service Commission held on 25.10.2005 and may issue the promotion order if recommended subject to the result of the special trial case No.15/91/7/99 of the court of special judge, Manipur East.

It is made clear that the entire exercise should be completed within a period of 4(four) months from the date of receipt of this judgment and order. No costs.

Sd/- T.NK.SINGH
JUDGE

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