Reprieve for MD of MSPCL : High Court dismisses miscellaneous case of Manipur Lokayukta
Source: The Sangai Express
Imphal, December 28 2022:
In a significant ruling, the High Court of Manipur has dismissed a miscellaneous case filed by the Manipur Lokayukta to vacate or modify a September 29 interim order which stayed an order of the latter against N Sarat Singh, Managing Director, MSPCL and Th Bimol Singh.
The judgment was passed by the Court of Justice MV Muralidharan on December 19 .
Significantly, the High Court in its hearing on December 19 observed that the Manipur Lokayukta was not appreciating the stand of the Government and has been insisting on making inquiry which otherwise is outside its jurisdiction thereby making it clear that Manipur Lokayukta has become an instrument at the hand of few persons who indulge in making complaints on surmises and information provided against the official documents and records.
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Such actions demonstrate personal interest of the inquiring authority (Manipur Lokayukta).
Therefore, it has become imperative that interference of this Court in the matter has become highly necessary so that systematic harassment in the name of investigation and inquiry at the behest of vested interested individuals be prevented, thereby restoring the faith of the general public including officials working in such Government establishment manning the essential service, observed the Court.
Notably, the matter relates to a complaint filed before the Manipur Lokayukta by one Ng Ibotombi Singh of Oinam Bazar Makha, Nambol, Bishnupur district against N Sarat Singh, Managing Director, MSPCL and two others.
The complaint alleged that there were unauthorized changes in the scope of work and supply, non-execution of works for 17 km 33 KV line and accusation of embezzlement and misappropriation of public fund in respect of installation of 2x5 MVA, 33/11 KV sub-station along with associated 33 KV line and related civil works at Sugnu.
A case was then taken up by the Manipur Lokayukta and subsequently MSPCL was directed to produce necessary documents on the basis of the complaint.
During the course of examination, it came to light that the 33 KV line was completed on August 14, 2015 and the complaint was filed in 2022.Therefore, having elapsed more than 7 years, it had become an issue which cannot be looked into by the Manipur Lokayukta as per Section 53 of the Manipur Lokayukta Act.
Subsequently, Power Department, Government of Manipur, after obtaining approval of the competent authority, a request was made to the Manipur Lokayukta for not proceeding with the proposed inquiry as per the provisions of Section 53 .
However, Manipur Lokayukta without appreciating the stand of the Manipur Government, passed an order on September 23 directing the MSPCL to make available all related documents.
It also directed the Administrative Secretary, Power Department Govt of Manipur and Dy Secretary (Power) to be present before the Manipur Lokayukta on October 10 .
Notably, the High Court on September 29 had stayed the September 23 order of the Manipur Lokayukta and observed that the Lokayukta has no power to issue any notice for personal appearance of the administrative officers.
While observing that there is no valid ground to vacate or modify the interim order, the Court maintained that the case with the Manipur Lokayukta against N Sarat, Managing Director MSPCL was filed by the complainant, Ngangom Ibotombi Singh on August 31, 2022, which is beyond the period of seven years as per Section 53 of the Manipur Lokayukta Act, 2014 and hence barred by limitation.
The Court further made the September 29 interim order absolute till the disposal of the writ petition and dismissed the case filed by the Manipur Lokayukta seeking to vacate or modify it.