High Court dismisses petition hied by Lokayukta
Source: Chronicle News Service
Imphal, December 28 2022:
The High Court of Manipur has dismissed a writ petition filed by Manipur Lokayukta in connection with irregularities in Manipur State Power Corporation Limited (MSPCL) to vacate, set aside, modify and not to extend any further the interim order of September 29, 2022 passed in WP(C) No 833 of 2022, which is in operation.
The court of justice MV Muralidaran in its judgment dated December 19, observed that there is no merit in MC (WP) No.346 of 2022 and accordingly dismissed it and thus, the interim order (dated 29.9.2022) passed in WP (C) No 833 of 2022 is made absolute till the disposal of the writ petition.
The petition is related with Complaint Case No.5 of 2022 filed to Manipur Lokayukta by one Ng Ibotombi of Oinam Bazar Makha Leikai in relation with laying a 33KV transmission line of 20 km from New Chayang to Sugnu.
The complainant alleged that the transmission line was commissioned by tapping only 3 km from existing 33KV new Chayang Joupi line at Khongnang Phaisabi while funds and materials for the remaining 17 km have been embezzled.
The petitioner's counsel submitted that the two respondents have filed WP(C) No.833 of 2022 for closing Complaint Case No 5 of 2022 as it was not maintainable (barred by limitation) and also for issuance of a writ in view of Section 53 of Manipur Lokayukta Act, 2014.They submitted that as per the Section 53 of Manipur Lokayukta Act if the case lapsed for 7(seven) years, the complaint should not be taken by the Lokayukta, and that the handing over/taking over of certificate for the said project took place on August 14, 2015 while the complaint was filed to Lokayukta on August 31, 2022.The petitioner argued that the interim order was passed on the incorrect premise that the complaint is time barred one.
The counsel submitted that as per the record available with the Manipur Lokayukta, the Complaint Case No.5 of 2022 is not barred by limitation as provided under Section 53 of the Manipur Lokayukta Act, 2014 .
The complaint was barred by limitation and specially when such finding was made solely on the basis of the alleged handing over/taking over certificate produced by Turn Key Firm, M/s Shyama Power India Limited and that the said certificate is only for the line portion but does not mention the length of the transmission line, does not include the main work of installation of 2x5 MVA 33/11KV substation at Sugnu and the said claim is required to be verified, the petitioner's counsel argued.
On the other hand, the respondents' counsel submitted that the whole case has been taken up on the basis of instigation and information furnished by some vested interest officials working in the MSPCL and MSPDCL, who are in quest of further promotion irrespective of non-possession of eligibility criteria.
A police team conducted search at the residence of the first respondent (N Sarat) by producing search and seizure authorisation given by the Lokayukta secretary referring to Complaint Case No 2 of 2022, which is not even connected with the complaint case involving the respondent.
The Manipur Lokayukta may confine its obligated duty within the four comers of the provision of the statute provided by the Act and may not indulge into embarking on a journey of witch hunting, the counsel maintained.
After perusal of the submissions, the court observed that there is no valid ground to vacate and/or modify the interim order of the Court (29.9.2022) and on the other hand, the interest of justice, warrants extension of the said interim order till the disposal of the main writ petition.
"This court is of the view that there is no merit in MC (WP) No 346 of 2022 and accordingly dismisses it and thus, the interim order dated 29.9.2022 passed in WP(C) No 833 of 2022 is made absolute till the disposal of the writ petition," the court decreed.