NUNGSANGPOKLA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) THESE two appeals have arisen out of the common judgment and order dated 27.9.2007 passed by the learned Single Judge in WP (C) 50 (K)/05 and 51(K)/05. Both the writ petitions were shown to have been filed by Smt. Nungsangpokla wife of late Senkalemba.

(2.) THE learned Single Judge by the impugned common judgment and order dated 27.9.07 has dismissed both the writ petitions on the ground that the prayer of the petitioner for extending the benefits envisaged in OM dated 6.6.1995 issued by the Chief Secretary to the Govt. of Nagaland, in case of Govt. servants killed in encounters involved disputed question of facts which cannot be gone into while exercising writ jurisdiction.

(3.) THE respondents had also filed an additional counter affidavit in the writ proceeding bringing on record the shocking revelation that in fact the writ petitions had not been filed by the wife of the deceased but was filed by an imposter taking the name of the wife of the deceased. In the said additional counter affidavit it was categorically stated that an enquiry was carried out which revealed that the wife of the deceased did not file any writ petition. On perusal of the enquiry report annexed to the said affidavit coupled with the statements made in the said counter affidavit, it is found that one Shri M. Ponger Longchar had approached the Central Training Institute, Home Guards for the medical certificate. THE enquiry also revealed that the two writ petitions were not filed by the wife of the deceased.