The HC Judge made critical observations on the partisan conduct of the Manipur Lokayukta
IT News
Imphal, Dec 28:
In a significant ruling, the Manipur High Court has dismissed a case filed by Manipur Lokayukta bearing No. MC (WP(C)) No. 346 of 2022 against N. Sarat Singh, Managing Director, MSPCL and Th. Bimol Singh as Principal Respondents to vacate, set aside, modify and not to extend any further an interim order dated 29.09.2022 passed in W.P (C) No. 833 of 2022 . The judgment was passed by the Mr. Justice M.V. Muralidharan in a judgment and order dated 19.12.2022.
The matter relates to a Complaint filed before the Manipur Lokayukta by one, Shri Ng. Ibotombi Singh, of Oinam Bazar Makha, P.O. & P.S. Nambol, Bishnupur District, Manipur against N. Sarat Singh, Managing Director, MSPCL and two others. The Complaint alleges that there were unauthorized change in scope of work and supply, non-execution of 17 km of 33 kV line and sending end bay but incurred expenditure for the said works and supply implying embezzlement and misappropriation of public fund in respect of “Installation of 2×5 MVA, 33/11 kV sub-station along with associated 33 kV line and related civil works at Sugnu in Thoubal District on turn–key basis”. A Complaint Case No. 5 of 2022 was taken up by Manipur Lokayukta against the said complaint and subsequently MSPCL was directed to produce necessary documents on the basis of the Complaint. During the course of examination, it has come to know that the alleged complaint relating to construction of associated 33 KV line for the said turn-key project was completed on 14-08-2015. Therefore, having elapsed more than 7 years, it has become an issue which cannot be looked into by the Manipur Lokayukta and accordingly, Power Department was appraised. Subsequently, Power Department, Government of Manipur after obtaining the approval of the Competent Authority informed the Manipur Lokayukta that the subject of the complaint being barred by the provision of section 53 of the Manipur Lokayukta Act, request was made for not proceeding with the proposed inquiry.
However, Manipur Lokayukta without appreciating the stand of the Manipur Government, passed an order on 23/9/2022 directing to make available all the documents by 10-10-2022 and also directed the Administrative Secretary, Power Department Govt. of Manipur and Dy. Secretary (Power) to be present before the Manipur Lokayukta on 10-10-2022.
In the Judgment order dated 19.12.2022 passed in respect of MC (WP(C)) No. 346 of 2022, the Manipur High Court made critical observations on the conduct of the Manipur Lokayukta, that irrespective of the actual state of affairs which may not be disputed about the completion of the project in the month of August, 2015 the Manipur Lokayukta was not appreciating the stand of the Government and have been insisting on making inquiry which otherwise is outside its jurisdiction thereby making it clear that Manipur Lokayukta has become an instrument at the hand of few persons who indulge in making complaints on surmises and information provided against the official documents and records. The Manipur High Court denounced such actions which indicate personal interest on part of Manipur Lokayukta which is the inquiring authority. The Judgment further remarked that such partisan attitude of the Manipur Lokayukta has necessitated intervention of this Court to prevent systematic harassment in the name of investigation and inquiry at the behest of vested interested individuals, thereby restoring the faith of the general public including officials working in Government establishment manning the essential service. It was also observed that no productive work was executed in the Company/Department while attending to such inquiry and investigation filed by the vested interested persons.
The judgment further observed that the Manipur High Court, as rightly argued by Mr. HS Paonam, the learned senior counsel for the principal respondents and as could be seen from the available records produced by both the parties, viewed that Manipur Lokayukta without appreciating the stand of the Government, insisted on personal appearance of the officers concerned under the guise of inquiry which prima facie is outside its jurisdiction. Therefore, the Court, upon appreciating the submissions put forth by the learned counsels of both the sides granted interim stay of the order dated 23/9/2022 passed by Manipur Lokayukta.
Further, the court observed that on perusal of the file produced by Manipur Lokayukta in respect of Complaint Case No. 5 of 2022, it was found that Ngangom Ibotombi Singh filed the Complaint before the Manipur Lokayukta on 31/8/2022 which is beyond the period of seven years as per Section 53 of the Manipur Lokayukta Act, 2014 and hence barred by limitation.
Therefore, the Manipur High Court observed that there is no valid ground to vacate and/or modify the interim order dated 29/9/2022. As such, the court found no merit in MC (WP(C)) No. 346 of 2022 and accordingly dismissed it. The court further made absolute the interim order date 29/9/2022 passed in W.P. (C) No. 833 of 2022 till the disposal of the writ petition.
