AMOSSINGSTAR MALNGIANG Vs. K.H.A.D.C.

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 05.01.2018 and the Notification dated 06.03.2018.

(2.) The petitioner who was holding the post of Syiem of Mawsynram Syiemship was placed under suspension vide order dated 05.01.2018, the respondents No.1-5, in exercise of their powers conferred under Section 11 of the United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 (for short "the Act"), vide order dated 06.03.2018 appointed Shri Bording Marbaniang as Acting Chief of Mawsynram Syiemship.

(3.) Learned counsel for the petitioner submitted that according to the proviso (ii) to Section 6 of the Act, which pertains to removal and suspension of the Chiefs, no Chief shall be removed from office or punished with suspension, unless he is given an opportunity of being heard. It is contended that the respondents No.1 to 5 had served the show cause notice on the petitioner as far back as 04.12.2017. Had they found any substance in the allegations against the petitioner, they would have put him under suspension then and there. Since the order of suspension was not passed for quite some time, it should be assumed that there was no justification for suspending the petitioner. In any case, the petitioner could not have been placed under suspension unless he was given opportunity of being heard as per mandate of (ii) proviso to Section 6 of the Act. Since no opportunity of hearing was provided, the order of suspension and subsequent notification issued on 06.03.2018, appointing Acting Chief of Mawsynram Syiemship, are liable to be set aside and quashed.