LEITANTHEM SUSHINDRO SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a writ of certiorarified mandamus calling for the records dated 31.08.2016 and 18.11.2015 respectively and to quash the same and also direct the third respondent to furnish all the information sought In the application dated 25.01.2014.

(2.) Briefly stated, the case of the petitioners is as follows:

(3.) The second respondent/Deputy Commissioner filed a counter affidavit stating that under Section 202 of the Manipur Municipality Act, 1994, the second respondent has no authority to exercise power of enquiry as no empowerment has been sanctioned by the Government in that behalf. However, In order to comply with the direction issued in W.P.(C) No.421 of 2016, dated 22.07.2016, the second respondent requested the Executive Officer of Thoubal Municipal Council to make necessary enquiry and furnish comment on the allegations made in the representation dated 25.04.2016 for consideration and necessary orders. It is stated that based on the materials available in the enquiry report of the Executive Officer and other materials, the impugned order dated 31.08.2016 was passed. Stating that there is no illegality in the impugned order dated 31.08.2016 and that the impugned order was issued on the basis of the materials available on record, the second respondent prayed for dismissal of the writ petition.