HC quashes suspension order
Source: The Sangai Express
Imphal, November 10 2017:
A Single Bench of the High Court of Manipur, quashed and set aside the suspension order of former Health Director Okram Ibomcha.
The order was passed by Justice Kh Nobin after the case was heard before the Court on October 26 as cril Misc (civil) case number 634 of 2017, where Dr Okram Ibomcha is the petitioner while the State of Manipur represented by Principal Secretary DP, Commissioner, Department of Health and Family Welfare and Under Secretary (DP) are the respondents.
Justice Kh Nobin heard the submission of BP Sahu, Senior Advocate appearing for the petitioner and M Kumaijit, Advocate General High Court of Manipur as respondents' counsels during the hearing on October 26 .
According to the High Court order, the suspension order of April 13, 2017 was issued by the Deputy Secretary (DP) .
According to the petitioner, he joined Manipur Health Services as a Medical Officer in the year 1983 and after having served in different capacities as the junior specialist, he was appointed as the Director, Manipur Health Service in the year 2015, by the Department of Personnel and Administrative Reforms, Government of Manipur and all of a sudden, on April 13, this year, the same Department issued an order of suspension in exercise of the power conferred under rule 10(l)(a)ofCCS(CCA)rule 1965 As required under the rule, the order of suspension was not reviewed before the expiry time of 90 days therefore the suspension order is unsustainable to remain operable after the expiry of the 90 days nor was the petitioner given subsistence allowance despite the application being filed by the petitioner on August 18, this year.
Shocked at the inaction on part of the State Government respondents to revoke the suspension order even after the expiry of the said 90 days, the petitioner approached he High Court of Manipur and filed the writ petition with a prayer for quashing and setting aside the order.
During the hearing of the case, the respondents filed an.
affidavit in opposition to the petitioner in which it was stated that the petitioner, while serving as the Director Health Services Manipur, State Mission Director, State Health Society and National Health Mission etc, misused his official status, power and acted in a manner unbecoming of a Government servant.
It stated that in terms of the proposal submitted by the Health Department, dated March 30, 2017, the petitioner was placed under suspension in contemplation of disciplinary proceeding against him.
After hearing the counsels of both sides, the Single Bench allowed the writ petition and directed the suspension order issued by the Deputy Secretary (DP) Manipur to be quashed.
and set aside and also that there shall be no order as to costs.