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2016 Supreme(Manipur) 108

N.KOTISWAR SINGH
Sanabam Sorojini Devi – Appellant
Versus
State of Manipur Represented by the Principal Secretary Health – Respondent


Advocates Appeared:
For the Petitioners:Mr. N. Kumarjit, Senior Advocate, Mr. N. Surendrajit, Mr. P. Tamphamani, Advocates.
For the Respondent: Mr. S. Nepolean, G.A.

JUDGMENT AND ORDER :

1. Heard Mr. P. Tamphamani, learned counsel for the petitioner as well as Mr. S. Nepolean, learned Government Advocate for the respondents.

2. In this writ petition, the petitioner has challenged the suspension order dated 20.10.2011 contending inter-alia that this continuing suspension not only amounts to penalising the petitioner but is also contrary to Rule 10 (7) of the Central Civil Services (CCA) Rules, 1965 as well as various decisions of the Hon’ble Supreme Court as well as of this Court.

3. It has been contended by the petitioner that the provisions of the Central Civil Services (CCA) Rules, 1965 are applicable in the State of Manipur and it is by invoking Rule 10(2) of the aforesaid Rules that the petitioner had been placed under suspension w.e.f. 03.10.2011 after the petitioner was arrested in connection with the aforesaid FIR case. As no affidavit-in-opposition has been filed by the State, this Court will proceed with the presumption that the various Rules under CCS (CCA) Rules, 1965 are applicable in the State also.

4. The suspension of the petitioner was made after she was detained in custody in connection with FIR Case No. 157(10)2011 under Section 4


























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