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2025 Supreme(Gau) 1320
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), KOHIMA BENCH
SOUMITRA SAIKIA, J.
Shri. Y. Vungthungo, Senior Principal - Appellant
Versus
The State Of Nagaland And Ors - Respondents
WP(C) 50 of 2023
Decided on : 13-08-2025
Important Points
Subject
Administrative Law - Public Service and Employment
Act Referred
NAGALAND SERVICES DISCIPLINE AND APPEAL RULES: R.9(2)
Headnote
(B) Jurisdiction - The question of maintainability raised regarding Upa-Lokayukta's jurisdiction in reviewing conditions of service and allegations of misqualification for promotion were comprehensively addressed. (Paras 7, 20, 22)
Facts of the case:
The petitioner, originally a Computor, pursued B.Ed degrees from two universities and was promoted to Principal in 2014. Complaints were raised that his qualifications were not genuine, resulting in investigations by the Upa-Lokayukta which led to a revocation of his promotion pending further recommendations. (Paras 1, 4, 10)
Findings of Court:
The Court found the Upa-Lokayukta had jurisdiction to proceed with the investigation concerning allegations of fraud regarding educational qualifications. The orders from the Upa-Lokayukta were not interfered with; the promotions were rightly under review given the serious allegations against the petitioner. (Paras 30, 31)
Issues: The Court addressed the jurisdiction of the Upa-Lokayukta considering allegations versus grievances, and the proper conduct of investigations regarding qualifications for promotion. (Paras 1, 10, 20)
Ratio Decidendi: The Court concluded that the Upa-Lokayukta's interim recommendations did not violate any statutory provisions and were justly within its mandate, thus reinforcing the importance of fraudulent qualification investigations while maintaining regulatory oversight. (Paras 28, 30)
Result: Writ petition stands disposed of, no costs.
For the Appellant : C. T. JAMIR, SR. ADV, I IMCHEN,ALIBA OZUKUM, ASA RUTSA, TOSHI JAMIR, K. TSUKRU, NUNGSANG AIER
For the Respondent:GOVT ADV NL, Ms. Inaholi Wotsa, Govt. Advocate, Ms. V Suokhrie, Addl. Advocate General, Mr. T.B Jamir, Mr. Wati Jamir, Advocate
| Table of Content |
|---|
| 1. petitioner's promotion process and allegations (Para 1 , 2 , 4 , 5) |
| 2. respondents' contest and claims against petitioner (Para 6 , 7 , 8 , 10 , 16) |
| 3. jurisdictional limitations of upa-lokayukta (Para 9 , 11 , 18) |
| 4. disposition of writ petition and interim order (Para 12 , 30 , 31 , 33) |
| 5. verification of educational credentials (Para 14 , 15 , 22 , 23) |
JUDGMENT :
SOUMITRA SAIKIA, J.
The present writ petition is directed against the order dated 28.01.2021 passed by the Upa-Lokayukta, Nagaland, Kohima in Case No. A.NLP-13/2020. The further prayers are for setting aside the proceedings in case No. A.NLP-13/2020 as well as order dated 28.01.2021 passed by the Upa-Lokayukta, Nagaland and the Notification dated 24.03.2023 issued by the Commissioner and Secretary, Government of Nagaland, Department of Education whereby the officiating Promotion of the writ petitioner from the post of Post Graduate Teacher (PGT) to Principal vide the earlier notification dated 17.07.2014 stood revoked subject to final recommendation of the Nagaland Lokayukta, Directorate of Investigation, Nagaland.
2. The case projected by the petitioner is that he was appointed initially as a Computor under the Directorate of Economics & Statistics on 11.03.1997. Subsequently, he was sent on deputation as Post Graduate Teacher under the Department of School Education for a period of two years. While the petitioner was serving as a Post Graduate Teacher on deputation, he was regularized in his original post i.e. Computor in the Economics & Statistics Department. The petitioner, however, was not reverted back to his parent department but he was absorbed as a Post Graduate Teacher in the School Education Department. During his service under the School Education Department, the petitioner claimed to have pursued B.Ed Degree twice- one from CMJ University, Shillong, Meghalaya in the year 2011 and another from CSJM University, Kanpur in the year 2016. The petitioner however submitted his B.Ed Degree certificate which he had obtained from CSJM University, Kanpur. The petitioner was thereafter promoted on officiating basis to the post of Principal (Class-I Gazetted) of the Higher Secondary Schools under the Department of School Education, Nagaland by order dated 17.07.2014. By the said order, there are several other persons were promoted including the petitioner and the private respondents No. 5 to 9.
3. There was a process of verification of documents initiated by the Department of School Education by constituting a Special Screening Committee. During the process, the B.Ed Degree certificate submitted by the petitioner from CSJM University, Kanpur was found to be ‘not genuine’. The private respondents No. 5 to 9 lodged a complained before the Nagaland Lokayukta being Case No. A.NLP-13/2020. The Nagaland Lokayukta by order dated 28.01.2021 took cognizance on the complaint filed and directed the Investigating Officer to collect or seized from the School Education Department the letter of the petitioner forwarding his B.Ed Certificate to the School Education Department. Thereafter by order dated 20.08.2021, the Nagaland Upa-Lokayukta upon examination of the materials available passed an interim recommendation to the Department of School Education to review the officiating promotion Notification dated 17.07.2014 in respect of the petitioner. This recommendation was an interim recommendation. Final recommendation was to follow after verification of the B.Ed Degree obtained from CMJ University, Shillong. Pursuant to the interim recommendation issued by the Nagaland Upa- Lokayukta, the petitioner was served with a show cause Notice dated 08.02.2022 to which the petitioner submitted his written reply to the show cause notice. Thereafter by memo dated 20.05.2022, an enquiry was proposed against the petitioner by the Department of School Education. The petitioner also filed a written statement against the memo issued. Subsequently by Notification dated 24.03.2023 followi
