The Lokayukta was barred from conducting a preliminary enquiry on the complaint of overstay in service under Section 9(1)(a) and Clause-(d) to the Second Schedule of the Act.

JUDGMENT :

Heard Mr. C.T Jamir, learned Sr. counsel assisted by Mr. I. Imchen, learned counsel for the petitioners, Mr. T.B. Jamir, learned counsel for the respondent No.1 and Mr. E. Thiba Phom, learned Government Advocate for the State respondent.

2. The present writ petition has been filed to quash and set aside the Case No. A-NLP-34/2022 and the order dated 07/12/2022 passed by the learned Upa-Lokayukta, Nagaland, Kohima, on the ground that it is violative of the provisions of the Nagaland Lokayukta Act, 2017.

3. The fact of the case in brief is that the petitioner No.1 was initially appointed as LDA (District) on work-charge basis by the order dated 16/11/1983, the petitioner No.2 was appointed as LDA (District) on work-charge basis by the order dated 20/07/1987 and the petitioner No.3 was appointed as LDA (District) on work-charge basis by the order dated 01/08/1983. The service of the petitioners were extended from time to time and by the order dated 15/07/1998, the work-charge service of the petitioners was last extended upto 30/09/1998. Thereafter, by a common order dated 14/06/1989 issued by the department, the petitioners were appointed as LDA (Directorate) against the newly created post of Cashier (District) in the scale of pay with all other allowances as are admissible under the rules from time to time in the State of Nagaland, with effect from 01/06/1989.

4. The Government of Nagaland, Department of Water Resources, Nagaland, Kohima, has issued the notification dated 02/12/2021 publishing the final combined seniority list in respect of Class-I & II Gazetted Officers and Ministerial Staff in the department as on 01/08/2021. In the final combined seniority list of ministerial staff, the name of the petitioner No.1 is at Sl. No.1, the name of the petitioner No.2 is at Sl. No.2 and the name of the petitioner No.3 is at Sl. No. 3 and the date of the petitioners joining service is recorded as 01/06/1989. The department has also issued the order dated 30/05/2023 showing the list of Government servant who are to be released from service on completion of 35 years of service/attaining 60 years of age in terms of Section 3(1) and Section 3(2) of the Nagaland Retirement from Public Employment (Second Amendment), Act, 2009 and the P&AR Department’s Notification No. AR-3/GEN-174/2007 (Pt) dated 20/08/2009, for the year ending 31/12/2024. In Annexure-1 to the order dated 30/05/2023, the date of the petitioners joining Government service is shown as 01/06/1989 and the date of release of the petitioners from service on completion of 35 years of service is shown as 31/05/2024.

5. That on 17/10/2022, the Director & Deputy Inspector General of Police, Nagaland Lokayukta Police has issued the summon under Section 17(2)(a) of the Nagaland Lokayukta Act, 2017, to the Chief Engineer, Water Resources Department, Nagaland, Kohima, requiring the petitioner No.2 to appear before the Investigating Officer at Nagaland Lokayukta Police Station Kohima on 18/10/2022 without fail. Similar summon was also issued to the petitioner No.1 and 3 on subsequent dates.

6. On receiving the summons, the petitioners appeared before the concerned authorities. The petitioners also submitted separate representations on 23/11/2022 to the Director & Deputy Inspector General of Police, Nagaland Lokayukta Police, through the proper channel, seeking for the copy of the complaint and the general or specific approval of the State Government to investigate the petitioners. Consequent to the representation submitted by the petitioners, the learned Upa-Lokayukta passed the order dated 07/12/2022 in Case No. A-NLP-34/2022, stating therein that the Nagaland Lokayukta is conducting a preliminary enquiry based on a complaint that the petitioners are overstaying in their service thereby attracting the relevant sections of the Nagaland Retirement from Public Employment Act, 2009 (As Amended) and also stating that the issue was examined by a committee constituted by the Government wh