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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AT KOHIMA BENCH
DEVASHIS BARUAH, YARENJUNGLA LONGKUMER
Chepe Wetsa – Appellant
Versus
State of Nagaland – Respondent
| Table of Content |
|---|
| 1. procedural background and history of the writ appeals. (Para 1 , 2 , 3 , 4 , 6 , 7 , 8 , 9 , 10) |
| 2. review of the lokayukta investigation, findings, and subsequent administrative actions. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. lokayukta jurisdiction extends to corruption allegations despite general service matter bars. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. administrative findings affecting service rights must adhere to natural justice principles. (Para 27 , 28 , 29 , 30 , 31) |
| 5. disciplinary termination requires an enquiry consistent with constitutional and statutory mandates. (Para 32 , 33 , 34 , 35 , 36) |
| 6. final disposition of appeals and issuance of remedial directions. (Para 37) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. C.T. Jamir, learned Senior counsel assisted by Mr. I. Imchen, learned counsel appearing on behalf of the Appellants in the present batch of writ appeals. Mr. N. Angami, learned Senior Government Advocate appears for the State of Nagaland.
2. The present batch of writ appeals have been filed challenging the common Judgment and Order dated 24.11.2025, passed in WP(C)/3/2025, WP(C)/17/2025 and WP(C)/18/2025.
3. We take up the appeals
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 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....
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....
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.
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....
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....
Compliance with statutory procedures is mandatory; failure to adhere to outlined procedures vitiates legal proceedings and investigations.
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