U FAIRLY SYIEM Vs. U R KRINGWELL SYIEM

JUDGEMENT

(1.) As agreed to by the learned counsel for the parties, by this common judgment and order Writ Appeal No. 274 of 2005 and Writ Appeal No. 275 of 2005 filed by U. Fairly Syiem and Khasi Hills Autonomous District Council respectively are proposed to be disposed of as both these appeals are directed against the common judgment and order dated 1/4/2005 passed by a learned Single Judge of this Court in W.P. (C) No. 287 (SH) of2004.

(2.) The controversy in both the appeals relate to a decision of the Khasi Hills Autonomous District Council (hereinafter referred to as the 'District Council') relating to reinstatement of U. Fairly Syiem who was suspended by the District Council pending initiation and competition of disciplinary proceedings for alleged misconduct. It may be mentioned here that the Syiem was elected by a majority of 34 electors in a house of 50 for the post of Syiem of Nongstoin and was appointed as such by the District Council on March 18, 1998 as per provisions of the United Khasi-Jaintia Hills Autonomous District (Appointmentand Succession of Chiefs and Headmen) Act, 1959 which stood repealed by the Khasi Hills Autonomous District (Nomination and Election of the Syiem, Deputy Syiem and Electors of Nongstoin Syiemshin) Act, 2003 (hereinafter referred to as the 'Act').

(3.) The Syiem was placed undersuspension for certain alleged misconduct as defined in Section 6 of the Act. The Additional District Judge of the District Council Court was appointed as the Enquiry Officer. On completion of the enquiry, a report was submitted to the effect that the charges levelled against the Syiem were not proved. The report also specifically mentioned that the Syiem has not violated any of the provisions of Section 6 of the Act warranting imposition of any penalty. The District Council did not accept the enquiry report and instead, decided to go for a fresh enquiry. The Syiem, aggrieved by the said decision of the District Council, filed WP(C) No. 127 (Sh) of 2001 contoverting the legality and propriety of the decision of the District Council in ordering de novo enquiry. The learned Single Judge disposed of the aforesaid writ petition on April 11,2003 setting aside the order dated May 24,2001 passed by the District Council for reinstatement of the Syiem. One Sri S. P. Dkhar who had impleaded himself as respondent in the writ petition challenged the aforesaid judgment and order dated April 11, 2003 passed by the learned Single Judge in Writ Appeal No. 193 of 2003. Sri Dkhar wanted to withdraw the appeal, but was later substituted by an organization, namely, Ka Synjuk Ki Samla Ka Hima Nongstoin. The said appeal was disposed of on August 16,2004 with direction to the District Council to issue notice to the Syiem "as to why and how the District Council is not agreeing with the finding arrived at by the Enquiry Officer and after giving adequate opportunity of being heard shall pass appropriate order within a period of two months and take appropriate steps in accordance with law". Holding thus, the judgment passed by the learned Single Judge was set aside.