LAIKANGBAM INGOTOMBI SINGH Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Shri N. Jotendro, learned counsel appearing for the petitioner and Shri Y. Ashang, learned Government Advocate appearing for the respondents.

(2.) BY this petition being W.P. (C) No. 597 of 2009, the petitioner herein has challenged the validity and correctness of the order dated 05 -06 -2009 by which the appointment of the petitioner as Veterinary Officer was cancelled. The writ petition being WP (C) No. 320 of 2014 is filed by three petitioners including the petitioner in writ petition being W.P. (C) No. 597 of 2009 praying for a direction to the respondents for absorption of the services of the petitioners therein. The issues involved in the said two writ petitions are similar and connected and accordingly, both the writ petitions are disposed of by this common judgment and order.

(3.) BEING aggrieved by the inaction on the part of the State Government, the petitioner filed a writ petition being W.P. (C) No. 280 of 2003 which was disposed of by the Hon'ble High Court vide order dated 28 -03 -2007 directing the petitioner to approach the State Government for redressing his grievance by way of a representation which shall be considered and disposed of by the State Government by passing a reasoned order at the earliest. Accordingly, the petitioner submitted a representation dated 16 -04 -2007 to the Commissioner (Veterinary & Animal Husbandry), Government of Manipur for consideration in terms of the judgment and order dated 28 -03 -2007. According to the petitioner, the said representation is not yet considered and disposed of. Having no alternative, the petitioner filed another writ petition being W.P. (C) No. 516 of 2008 with the prayer for a direction of implementing the order dated 28 -03 -2007 passed by the Hon'ble High Court. The Hon'ble High Court disposed of the said writ petition vide order dated 16 -01 -2009 and in compliance of the said order dated 16 -01 -2009, the present petitioner was appointed to the post of Veterinary Officer (Grade -IV) in the Veterinary & Animal Husbandry Department, Government of Manipur against the post vacated by Mr. Kh. Shantikumar Singh vide order dated 01 -06 -2009 issued by the Under Secretary (Veterinary & Animal Husbandry) Government of Manipur. While discharging his duties, the petitioner was served with the order dated 05 -06 -2009 issued by the Commissioner (Veterinary & Animal Husbandry) only on 24 -09 -2009 by which the appointment of the petitioner as Veterinary Officer was cancelled without giving an opportunity of being heard. The present writ petition was filed contending inter -alia that the issuance of the said order dated 05 -06 -2009 is nothing but to flout the court's order dated 16 -01 -2009 and the same being mala fide and arbitrary in nature is liable to be quashed and set aside. In support of his contention, the counsel for the petitioners relied upon the following decisions rendered by the Hon'ble Supreme Court in the case of Naseem Bano (Smt) v. State of UP & ors., reported in : 1993 Supp.(4) SCC 46; Union of India & ors. v. A. Sanyasi Rao & ors, reported in : (1996) 3 SCC 465 and Subramanian Swamy v. Director, CBI & anr., reported in : (2014) 8 SCC 682.