KHUMANTHEM DILIP SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a writ of Certiorari mandamus to set aside the order dtd. 5/8/2020 passed by the first respondent and to direct the respondents to consider the representation of the petitioner dtd. 21/2/2019 in accordance with law afresh and to hold a fresh review DPC for promotion to the post of Joint Director (G&M) in the Department of Textile, Commerce and Industry, Government of Manipur.

(2.) Heard the learned counsel for the petitioner; the learned Government Advocate for the first respondent and the learned counsel for the second respondent - Manipur Public Service Commission.

(3.) Assailing the impugned order, the learned counsel for the petitioner submitted that earlier the petitioner questioned the legality and correctness of the proceedings of the Departmental Promotion Committee (DPC) meeting held on 28/12/2013 and also sought quashing of the order dtd. 1/2/2014 issued by the Deputy Secretary to the State Government and by the order dtd. 14/2/2017, the said writ petition was allowed by the learned Single Judge and consequently, the proceedings of the DPC meeting held on 28/12/2013 and the order dtd. 1/2/2014 appointing the private respondent mentioned therein on promotion to the post of Joint Director of Industries (G and M) are quashed. He would submit that aggrieved by the order of the learned Single Judge, the State preferred W.A.No.23 of 2017 and the private respondent Ibotombi Sharma preferred W.A.No.24 of 2017 and by the common judgment dtd. 18/12/2018, the Division Bench of this Court allowed both the appeals and directed the State Government to communicate the ACR entry of the writ petitioner within a period of one month from the date of receipt of a copy of the order and thereafter, the writ petitioner is at liberty to make a representation, if he so chooses, against such entry within one month after the receipt of the ACR copy. In the said judgment it was also directed the State Government to decide the representation of the petitioner within two months from the date of receipt of the representation. The Hon'ble Division Bench further observed that if the representation is accepted and entry is upgraded, the writ petitioner's claim will be considered in a review DPC.