Back
SANJAY KUMAR MEDHI
Vika Zhimomi – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. All these writ petitions being analogous, which have put to challenge an order dated 19-12-2019, passed by the learned Upa Lokayukta, Nagaland, followed by an order dated 17-09-2020, passed by the concerned Public Works Department, these are taken up for analogous hearing and are disposed of by this common judgment and order.
2. Before going to the issue which has arisen for determination, it would be convenient to narrate the facts of the case. However, since the challenge is structured mainly on the point of law, this Court may not be required to record the facts in detail of each of the cases.
3. The petitioners in these cases are the beneficiaries of certain actions of the Public Works Department pertaining to certain quarters in the area commonly known as PWD colony in Dimapur. It is the contention of the petitioners that the quarters were constructed long back in the year 1968-1969 and were in a dilapidated condition. Under those circumstances, the Department had taken a conscious decision for dismantling the buildings. Accordingly, the salvaged materials were put to auction in which the petitioners were the auction purchasers. The considerati
The central legal point established in the judgment is the requirement for adherence to the principles of natural justice before passing any adverse orders by the authorities.
While an investigative body may possess jurisdiction to report on corruption in service appointments, any subsequent disciplinary action against public servants requires adherence to the principles o....
The court emphasized that adverse remarks made by the Lokayukta without affording the petitioner an opportunity to be heard violate principles of natural justice and cannot prejudice ongoing proceedi....
The main legal point established in the judgment is the requirement for active application of mind and proper consideration of the defense reply before making recommendations for instituting criminal....
Proper consideration, involving active application of mind, is necessary when evaluating defense replies in cases involving allegations against public servants.
The doctrine of necessity applies to single-member statutory bodies, permitting the authority to perform functions despite allegations of bias, as the power to make final determinations cannot be del....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
