IMPORTANT POINT
The main legal point established is that arbitrary actions based on unproven charges against similarly situated officers violate the rights guaranteed under Article 14 and 16 of the Constitution of India.

JUDGMENT

1. The writ petition has been filed to quash the order dated 09.11.2017 issued by the Chief Secretary (DP), the order dated 19.6.2018 issued by the Under Secretary (Finance/PIC) and also the notice dated 19.10.2018 issued by the Under Secretary (Finance/PIC), including the impugned letter dated 27.11.2019 issued by the Under Secretary (DP), Government of Manipur to the Vigilance and Anti-Corruption Department.

2. Brief facts are as follows:

The petitioner was initially appointed to the post of Jemadar and after serving about 10 years to the said post, he was promoted to the post of Subedar and on the recommendation of the DPC, he was further promoted to the post of Manipur Police Grade-II. On 29.10.2014, the petitioner was promoted to the post of MPS Grade-I and he was transferred and posted to the post of C.O./6th IRB on in-charge basis on 29.7.2020 and since then, he is holding the said post of C.O./6th IRB at Pangei. While so working, the petitioner was placed under suspension on 1.9.2017 in connection with the irregularities and lapses in the procurement of web equipment by Manipur Police i.e. in the supply of Leather Belt (Black) and AK Sling and thereafter, the suspension was revoked on 30.11.2017.

2.1. On 9.11.2017, a Memorandum enclosing Articles of Charges was issued for holding departmental enquiry against the petitioner and two other officers and the petitioner had also submitted his statement of defence on 15.11.2017 and the departmental proceedings has already been completed. The enquiry report has also been submitted by the Enquiry Officer, however, the disciplinary authority have not given any decision in connection with the said departmental enquiry without assigning any reason.

2.2. On 19.6.2018, a notice has been issued to the petitioner under Rule 9(7) of the Manipur Public Servants' Personal Liability Rules, 2006 directing him to submit his written statement of defence within 15 days. On 19.10.2018, a notice for constitution of Higher Power Committee on the charges against the petitioner and two other officers was intimated and soon after receiving the notice dated 19.10.2018, the petitioner submitted his written objection to the High Power Committee on 29.10.2018 denying the allegations for holding parallel inquiry.

2.3. The supplier, namely M/s.Md. AbdulGani Khan, has challenged the order dated 9.6.2017 blacklisting his firm in connection with the supply of the uniform and web equipment before this Court in W.P.(C) No.444 of 2017 and by the order dated 31.10.2017, this Court quashed the order dated 9.6.2017. An FIR has also been registered against the supplier Md. Abdul Gani Khan being FIR No.174(6)2017 under Sections 406, 409, 420 IPC and he was arrested and thereafter released on bail. The supplier had also filed quash petition under Section 482 Cr.P.C. being Cril. Petn. No.2 of 2018 before this Court for quashing of the aforesaid FIR and this Court by the order dated 1.8.2019 allowed the said criminal petition, thereby quashing the FIR. As against the order passed in W.P.No.444 of 2017 and Cril. Petn. No.2 of 2018, no appeal has been filed by the competent authority.

2.4. The departmental proceedings has been challenged by Faomei Gonglin, IPS before the Central Administrative Tribunal and the Tribunal after hearing the parties passed final order directing to conclude the departmental proceedings against the said IPS officer within three months, failing which the departmental proceeding shall stand abated and the same was complied with by the order dated 29.4.2021 thereby closing the departmental enquiry proceedings against Faumei Gonglin. As such the petitioner being a similarly situated person is also entitled to revoke his departmental enquiry proceedings so as to enable him to get his promotion to the next higher post as all the eligible persons including his juniors have been promoted to the next higher post of MPS Junior Administrative Grade (Non-Functional) by an order dated 31.3.2021, thereby