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2022 DIGILAW 122 (MAN)

Chingangbam Ushakiran Devi v. Rajesh Bhushan

2022-07-11

M.V.MURALIDARAN

body2022
JUDGMENT 1. I heard Mr. N. Jotendro, learned senior counsel for the petitioner and Mr. BR Sharma, learned Sr.PCCG who takes notice for the respondents. 2. Mr. N. Jotendro, learned senior counsel for the petitioner represented that pursuant to the order passed by the respondent authority dated 10.06.2022, by appointing one Mrs. Somi Paite who is the private respondent in WP(C) No. 445 of 2022 as in-charge Administrative Officer of the RIMS, the petitioner has filed the writ petition by challenging the said order dated 10.06.2022. 3. Therefore, considering the petitioner's case, this Court has passed the order by directing the respondent RIMS not to extend the in-charge post of Administrative Officer in the RIMS, Imphal beyond 30.06.2022 to the 3rd respondent or any other person and the respondents No.1 and 2 were directed to take immediate steps to complete the process for appointing the administrative officer permanently in RIMS, Imphal on or before 30.06.022 by following the CCS Rules and notification dated 17.08.2020 with seniority list among the eligible candidates and the writ petition was disposed of. The relevant para of the judgment and order dated 16.06.2022 passed in WP(C) No. 445 of 2022 reads as follows :- '(a) This writ petition is disposed of (b) The respondent Nos.1 &2 are hereby directed not to extend the in-charge post of administrative officer in the RIMS, Imphal beyond 30.06.2022 to the 3rd respondent or any other person. (c) The respondent Nos. 1 & 2 are directed to take immediate steps to complete the process for appointing the administrative officer permanently in RIMS, Imphal on or before 30.06.2022 by following the CCS Rules and notification dated 17.06.2020 with seniority list among the eligible candidates. (d) With the above observations, this writ petition is disposed of.' 4. As per the above, Mr. Jotendro, learned senior counsel for the petitioner represented that the order was passed by directing the respondent that no assignment of in-charge post of Administrative Officer, RIMS, Imphal will be continued either by Mrs. Somi Paite or by any other person w.e.f. 01.07.2022 but the said Somi Paite still continued which is mentioned in the additional affidavit dated 8th July, 2022 filed by the petitioner. Somi Paite or by any other person w.e.f. 01.07.2022 but the said Somi Paite still continued which is mentioned in the additional affidavit dated 8th July, 2022 filed by the petitioner. The relevant para reads as follows : 'That I further say that after filing the said contempt case and the said was put up before the Hon'ble Court on 6.7.2022 and while moving the said case, the counsel for the RIMS have produced a compliance order purportedly issued on 30.6.2022 by the Deputy Director (Admn.), Regional Institute of Sciences, Imphal thereby complying the Hon'ble Court's order dated 16.6.2022 passed in W.P. (C) No. 445 of 2022 by cancelling the in-charge arrangement given in favour of Mrs. Somi Paite, Section Officer (Estt.), RIMS, Imphal. It is also further mentioned by the said order that it has been decided not to give further assignment of in-charge post of Administrative Officer, RIMS, Imphal to Mrs. Somi Paite or any other person w.e.f. 1.7.2022. However, it has come to the knowledge of the petitioner that the said Mrs. Somi Paite, Section Officer (Estt.), RIMS, Imphal has been assigned the duty of Administrative Officer, RIMS, Imphal Manipur in the personal File being File No. B/1658/94-MC of Dr. T. Jeetenkumar Singh, Proff., Medicine Department for applying his Earned Leave Application which was received under RR. No. 163047 dated 30.6.2022 and the same was marked to the said Mrs. Somi Paite by Consultant (Estt.) and further the same was marked by the said Mrs. Somi Paite A.O. to S.O. (G) on 4.7.2022 and the same is appeared at page No. 70-71 of the said personal file. In addition to that the said personal file of Sapam Hemjit Singh, working as LDC of Anatomy, RIMS, Imphal in his personal file No. B/2871/2012-RIMS as available at page No. 47 of the said file still marked the name of Mrs. Somi Paite by Consultant (Estt.) on 2.7.2022 and on the same day the same is also marked by the said Mrs. Somi Paite by Consultant (Estt.) on 2.7.2022 and on the same day the same is also marked by the said Mrs. Somi Paite to the S.O. (G), RIMS, Imphal and as such the said relevant files may kindly be called for just to examine as to whether the competent authority RIMS i.e. Deputy Director (Admn.), RIMS, Imphal have really and sincerely issued the compliance order on 30.6.2022 and the same has been strictly followed by the other official of the RIMS after the issuance of the said compliance order dated 30.6.2022. It appears that the said compliance order is issued as a mere eye wash to the general public and by befooling the general public the internal administration for the post of Administrative Officer has been allowed to be looked after by the said Mrs. Somi Paite and accordingly, she also signed as A.O. in all the files as seen by my in the official files as I am also handling the said files. Since the said files cannot be Xerox or copied by me and as such the record of the same may kindly be called for from the custody of the RIMS so as to verify my statement as I have given my statement after seeing the said files by my naked eyes. Moreover, in the said order dated 30.6.2022 has not marked to the person concerned i.e. Mrs. Somi Paite perhaps intentionally so as to avoid the knowledge of the said Mrs. Somi Paite and may claimed that she has never seen the said compliance order. However, in the other order dated 10.6.2022 issued in favour of Mrs. Somi Paite it is clearly mentioned the copy to column Sl. No. 11 as Person Concerned meaning thereby the order are given to make known to the person concerned in whose favour the order has been issued. Besides that Mrs. Somi Paite is still sitting inside the room allocated for the post of Administrative Officer, RIMS, Imphal as on date.' 5. As per the above averment made by the petitioner, Mr. N. Jotendro represented that the said Mrs. Somi Paite, Section Officer (Estt.), RIMS, Imphal has been assigned the duty of Administrative Officer, RIMS, Imphal, Manipur in the personal File being File No. B/1658/94-MC of Dr. T. Jeetenkumar Singh, Proff., Medicine Department for applying his Earned Leave Application which was received under RR. N. Jotendro represented that the said Mrs. Somi Paite, Section Officer (Estt.), RIMS, Imphal has been assigned the duty of Administrative Officer, RIMS, Imphal, Manipur in the personal File being File No. B/1658/94-MC of Dr. T. Jeetenkumar Singh, Proff., Medicine Department for applying his Earned Leave Application which was received under RR. No. 163047 dated 30.06.2022 and the same was marked by the said Mrs. Somi Paite A.O. to S.O. (G) on 4.7.2022 and the same is appeared at page No. 70-71 of the said personal file. 6. Therefore, the learned senior counsel argued that that the said Mrs. Somi Paite is continuing in the Section Officer (Estt.), RIMS, Imphal as in-charge Administrative Officer and it is in violation of the order of this Court dated 16.06.2022. 7. Mr. BR Sharma, learned Sr. PCCG represented that though the submission made by the learned senior counsel for the petitioner as alleged in para 2 of the additional affidavit dated 08.07.2022 may be correct or not but as per the order passed by the respondent authority dated 30.06.2022 as on date either the said Mrs. Somi Paite or any other person is acting as in-charge Administrative Officer of the RIMS from 01.07.2022. Therefore, there is no violation of the order of this Court. 8. Therefore, recording the submission made by Mr. BR Sharma, learned Sr. PCCG and the order dated 30.06.2022, this Contempt petition is closed.