OINAM NIMAI SINGH Vs. NINGTHOUJAM JAYANTA SINGH

JUDGEMENT

(1.) HEARD Mr. H. S. Paonam, learned counsel appearing for the appellant, Mr. Chonjon, learned counsel for respondent/writ petitioner and also Mr. Jalal, learned G. A. appearing for the State respondents.

(2.) THE present writ appeal is filed by the third party i. e. present appellant who is admittedly working as Assistant in the DRDA, Bishenpur, after obtaining leave against the impugned judgment and order of the learned Single Judge dated 8. 1. 2008 allowing the W. P. (C) No. 1029 of 2006 filed by the respondent/writ petitioner, Shri Ningthoujam Jayanta Singh, assailing; (1) the letter of the Director of Vigilance, Manipur being No. 36/sp-V/2005/8, Imphal, the 6th February, 2006, directing the Commissioner, (RD and PR), Government of Manipur to take necessary action for removal of all direct recruit/promotee and cancellation of the appointment order or/promotion as were made in violation of the guideline of DRDA adopted by the Government of Manipur, (2) order of the DC/chief Executive Director, DRDA, Bishenpur, dated 30. 08. 2006 for reverting respondent/writ petitioner to his original post of Assistant as his appointment on promotion was not made by following the rules and without approval of the Government with immediate effect; and (3) order of the DC/executive Director, DRDA, Bishenpur, for reverting the respondent/writ petitioner to his original post of Assistant as his promotion to the post of APO was made without following the Rules for appointment by promotion and without formal approval of Administrative Department and against the non-existent post of APO in the DRDA-Bishenpur.

(3.) PARA 4. 2 and 4. 3 of the said guidelines on DRDA Administration read as follows: