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2022 Supreme(Manipur) 131
IN THE HIGH COURT OF MANIPUR AT IMPHAL
Ahanthem Bimol Singh, J.
Ningombam Puinabati Devi - Appellant
Versus
Thongram Ongbi Premeshwori Devi & Ors. - Respondents
WP(C) No. 723 of 2021
Decided On : 10-10-2022
Mr. B. Prem Sharma, Advocate., for the Petitioner; Mr. Leo Rommel, Advocate, Mr. Shyam Sharma, Govt. Advocate, Mr. S. Vijayanand Sharma, Sr. PCCG., for the Respondents
IMPORTANT POINT
The court emphasized the importance of timely filing of petitions and the limitations on re-opening issues after a significant passage of time.
Headnote:
Impersonation - Border Security Force - [IPC, Limitation Act] - The court dismissed the writ petition seeking action against the respondent for impersonation in joining the Border Security Force, citing gross delay in filing the petition and rejection of the allegations by the BSF authorities. The court held that the issues cannot be re-opened after such a long time, especially considering the death of the respondent's husband in 1992. The petition was dismissed without any order as to cost.
Fact of the Case:
The petitioner alleged that the respondent's husband impersonated her husband to join the Border Security Force and that the respondent refused to return the matriculation certificate. The petitioner filed complaints with the BSF and the police, seeking action against the respondent.
Finding of the Court:
The court found that the allegations had been rejected by the BSF authorities and that there was a gross delay in filing the writ petition. The court declined to decide the disputed questions of facts raised by the authorities and dismissed the petition.
Issues: Gross delay in filing the writ petition, rejection of allegations by the BSF authorities, disputed questions of facts.
Ratio Decidendi: The court held that the issues cannot be re-opened after such a long time, especially considering the death of the respondent's husband in 1992, and that there was a gross delay in filing the petition.
Final Decision: The writ petition was dismissed without any order as to cost.
JUDGMENT
1. Heard Mr. B. Prem Sharma, learned counsel appearing for the petitioner, Mr. Leo Rommel, learned counsel appearing for the respondent No. 1, Mr. Shyam Sharma, learned GA appearing for the respondent Nos. 2, 3 & 5 and Mr. S. Vijayanand, learned Sr.PCCG appearing for the respondent No. 4.
2. The present writ petition has been filed with the prayer for granting the following reliefs:-
'(iii) to issue writ in the nature of certiorari/mandamus or any other appropriate writ/directions/orders directing the respondents to take necessary action to the respondents and to pay compensation to the petitioner.
(iv) to recover the misused money of the Indian Government from the respondent No. 1 for stealing Certificate from the petitioner's husband'
3. The case of the petitioner is that, her husband passed his High School Leaving Certificate Examination in the year 1982 from the Board of Secondary Education, Manipur in the year 1982. According to the petitioner, her husband told her that one of his friend namely, Mr. Tongram Angou Singh requested him to give his Matriculate Certificate, but he turned down the said request. After sometime, the husband of the respondent No. 1 joined the Border Security Force (BSF) as Constable by impersonating as Ningombam Kuber Singh of Sapam Mayai Leikai in the year 1983. According to the petitioner, her husband suspected that his matriculation certificate had been stolen by the husband of the respondent No. 1 and joined the Border Security Force as Constable by impersonating the petitioner's husband. The petitioner also learned that the husband of the respondent No. 1 passed away in the year 1992 due to an unfortunate incident while serving as Lance Naik in the BSF. It has been alleged by the petitioner that the husband of the respondent No. 1 joined the BSF as Constable by impersonating as the husband of the petitioner and that after the death of the respondent No. 1's husband, the respondent No. 1 had been enjoying the family pension as the wife of (L) Ningombam Kuber Singh.
4. The petitioner has also alleged that she went to the respondent No. 1 and requested her repeatedly to returned back the Matriculation Certificate of her husband, however, instead of helping the petitioner, the respondent No. 1 and her family harassed the petitioner and even threatened to kill the petitioner's family members. Having no alternative, the petitioner approached the Director General of the Border Security Force by submitting a complaint against the respondent No. 1 requesting to take up necessary actions against the respondent No. 1 by cancelling her family pension benefits.
5. The said complaint was considered by the competent authorities of the BSF and the same was rejected by the Commandant, 191 Bn. BSF on the ground, inter alia, that the husband of the respondent No. 1 was appointed in the BSF after following due process of recruitment and after proper verification of all his educational certificates and that there was no question of impersonation as alleged by the petitioner. According to the petitioner, she again filed a complaint to the O.C of Khongjom Police Station on 27-12-2016 by narrating all the facts and requesting to take up necessary actions against the respondent No. 1 under the relevant provisions of the IPC, however, the said O.C refused to receive the said complaint. Feeling aggrieved and having no alternative, the petitioner approached this Court by filing the present writ petition for redressing her grievances.
6. Mr. B. Prem Sharma, learned counsel appearing for the petitioner strenuously submitted that on bare examination of the Matriculation Certificate used by the late husband of the respondent No. 1 in joining the BSF and the electoral roll wherein, the name of the respondent No. 1 is recorded, it is crystal clear that the husband of the respondent No. 1 joined the BSF as a Constable by impersonating the husband of the petitioner. However, despite clear cut evidences available on record whic
