MEGHALAYA PUBLIC SERVICE COMMISSION Vs. MILLON CH. MOMIN

JUDGEMENT

(1.) By way of this intra court appeal, the appellants-Meghalaya Public Service Commission ['the Commission' hereafter] and its functionaries have questioned the order dated 16.06.2016 as passed by the learned Single Judge of this Court in WP(C)No.18 of 2015 whereby, the In-Charge Superintendent of Police, CBI has been directed to conduct preliminary enquiry in relation to the subject matter of the said writ petition wherein, the process of recruitment to the post of Meghalaya Police Officer has been put to question.

(2.) It may be observed at the outset that this appeal against the order dated 16.6.2016 as passed in the pending writ petition was filed only on 24.08.2016 and as per office report, was delayed by a period of 39 days but then, the question of delay in filing the appeal was not put to contention by the respondents; and looking to the peculiar circumstances of the case and the issues raised, this appeal was taken on the regular side while ignoring the delay.

(3.) However, by the time this appeal was considered for admission on 08.09.2016, the CBI had already undertaken the preliminary enquiry as ordained by the learned Single Judge. In the circumstances of the case, even while entertaining this appeal, we did not stay the enquiry by the CBI but the learned senior counsel, Shri VK Jindal appearing for CBI was directed to submit the report and the related material in a sealed cover in this appeal, while making it clear that the report so prepared would not be available to any person without specific order of this Court. The order so passed in this appeal on 08.09.2016 was sought to be questioned by the appellants in a Petition for Special Leave to appeal bearing No. 27439 of 2016 that was disposed of by the Hon'ble Supreme Court on 20.09.2016 with the following order: