LAWS(GAU)-2019-10-6

IMLIKOKLA LONGCHAR Vs. STATE OF NAGALAND

Decided On October 04, 2019
Imlikokla Longchar Appellant
V/S
STATE OF NAGALAND Respondents

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned Senior Counsel for the appellants. Also heard Mr. P. Khataniar, learned counsel for respondent no. 4 and Ms. M. Kechii, learned Government counsel, Nagaland, appearing for respondent nos. 1 and 2.

(2.) By a common judgment and order dated 22.09.2017, the learned Single Judge had disposed of two writ petitions, W.P.(C) No. 169(K)/2016 and W.P.(C) No. 231(K)/2015, preferred by the present respondent no. 4 as the writ petitioner. This intra-court appeal is preferred against that part of the common judgment and order dated 22.09.2017 passed by the learned Single Judge in the writ petition, W.P.(C) No. 231(K)/2015, whereby, the learned Single Judge had quashed and set aside the proceedings dated 02.11.2015 of the Departmental Promotion Committee (DPC), assailed in W.P.(C) No. 231(K)/2015.

(3.) The 4 (four) appellants herein, were the party-respondent nos. 5, 6, 7 & 8 in the said writ petition, W.P.(C) No. 231(K)/2015. The party-respondent no. 4 in the said writ petition was originally impleaded as respondent no. 5 in the present appeal. On the prayer of the appellants to delete the respondent no. 5 from the array of respondents on the ground that no relief was prayed against the respondent no. 5, this Court by order dated 08.03.2019 deleted the respondent no. 5 from the array of parties in the present appeal. In such view of the matter, no discussion about respondent no. 5 is made hereunder although he was a party in the earlier rounds of litigation. The service of notice on respondent no. 3 i.e. the Nagaland Public Service Commission (NPSC) was deemed to be served. Further, it was submitted at the bar by the learned counsel for the parties on 02.08.2019 that the NPSC is a formal party only.