Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), KOHIMA BENCH
SOUMITRA SAIKIA
Y. Vungthungo, Senior Principal – Appellant
Versus
State Of Nagaland – Respondent
| 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 Upa-Lokayukta has jurisdiction to investigate allegations of fraudulent qualifications affecting public service promotions, but such complaints are subject to statutory limitations as per the Nag....
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.
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....
The court upheld the Lokayukta's jurisdiction to investigate recruitment irregularities, clarifying that previous actions can impact public servants under statutory provisions.
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.
The main legal point established in the judgment is the interpretation of Section 9 of the Nagaland Lokayukta Act, 2017 and the applicability of the bar of investigation in the case.
The court emphasized the principle of delay and laches, highlighting that unexplained delay in approaching the court may hinder the exercise of equitable jurisdiction. It also clarified the condition....
Election to legislative assembly – Investigation - Proceedings for judicial review, the court could examine an error of fact touching the merit of decision only if it has a direct nexus to the decisi....
Once the court comes to the conclusion that the authority concerned was acting within the scope of its powers and had some material, however meagre, on which it could reasonably base its opinion, the....
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
