Heard Mr.Iswarlal, learned counsel for the petitioner and Mr.R.S.Reisang, learned GA for the respondents.

2. Succint fact of the petitioner's case is that the petitioner was initially appointed as LDC on 31.12.1975 and latter on promoted to the post of UDC (Upper Division Clerk) on16.1.1980. In the year, 1980 he was posted as UDC in the office of the District Veterinary Officer, Thoubal. On 18.9.1995 a complaint was lodged with the Superintendent of Police, Thoubal by the then Director of Veterinary & Animal Husbandary Services, Manipur alleging that during the period from April, 1994 to October, 1994 a huge amount of money amounting to Rs. 10.40 lakhs had been mis-appropriated in the District Veterinary Office, Thoubal, accordingly, a criminal case being FIR No. 468/471/420 IPC and 5 P.C Act had been registered by the Officer-in-charge of Thoubal Police Station against the petitioner and others. The Sub-Divisional Police Officer (SDPO) took up the said criminal case, i.e. FIR case No. 154(9)95, Thoubal P.S for investigation.

3. While the investigation of the said criminal case i.e. FIR No. 154(9) 95 Thoubal P.S. u/s 468/471/420 IPC and 5 P.C. Act was going on, in respect of the same alleged incident and occurrence in the office of the District Veterinary Officer, Thoubal, a criminal case being FIR No. 2 (4) 96, Vigilance P.S. u/s 409/420/468/471/120-B IPC read with Section 13(2) P.C Act was registered against the petitioner and others by the Vigilance Department. The Vigilance Department also simultaneously investigated the said criminal case, i.e. FIR No. 2(4)96, Vigilance P.S. The officer of the Vigilance P.S. arrested the petitioner and others under the said criminal case,i.e. F.I.R.No.2(4) 96 Vigilance P.S., but, the petitioner was released on bail by the leamed Special Judge, Manipur West vide order dated 4.5.1996.

4. The Director of Veterinary & Animal Husbandary Services, Manipur issued an order being No. G/2/Diary/86-Vety.(pt), dated Imphal the 17.5.1996 for placing the petitioner under suspension, in contemplation of disciplinary proceedings against the petitioner. (Annexure-A/7 to the writ petition). Since then the petitioner has been under suspension till date. Even after the lapse of more than 8 (eight) years, the Disciplinary authority neither submitted charge sheet nor taken up further steps for holding disciplinary inquiry which was to be contemplated against the petitioner.

5. The Sub-Divisional Officer, Thoubal after completing the investigation of the said criminal case, i.e. FIR No. 154(9)95, Thoubal P.S. submitted the final report dated 7.2.1998 u/s 173 Cr.P.C .in the Court of Chief Judicial Magistrate praying for closing the case on the ground of insufficient evidence against the petitioner. The learned Chief Judicial Magistrate, Thoubal by his order dated 23.11.1998 passed in Cril Misc.Case No. 87/98 closed the said criminal case i.e. FIR No. 154(9)95 Thoubal P.S against the petitioner and others on the ground of insufficient evidence and they were discharged. But the Vigilance Department after investigating the said criminal case i.e. FIR No. 2(4)96 Vigilance P.S u/ s 409/420/468/471-120-B IPC had submitted charge sheet. On submission of charge sheet the Special Judge, Manipur West by registering criminal case S.T No. 13/99 against the petitioner and others, had considered as to whether cognizance could be taken on the basis of the said charge sheet or not. After considering the said charge sheet, learned Special Judge, Manipur West passed order dated 30.6.2004 for closing the said S.T.case no.13/99 for the reasons that no cognizance could be taken against the accused person, i.e. the petitioner and others on the basis of the charge sheet submitted by an incompetent Police Officer for the offence punishable under the Prevention of Corruption Act. But under the said order dated 30.6.2004 of learned Special Judge, Manipur West, the Superintendent of Police, Vigilance had been asked to take steps for investiga

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