Manipur Lokayukta versus MD, MSPCL : SC declines to interfere with HC order
Source: The Sangai Express

Imphal, February 08 2023: The Supreme Court has declined to interfere with the impugned order passed by the High Court of Manipur in favour of N Sarat Singh, MD, MSPCL while hearing a special leave petition filed by the Manipur Lokayukta on February 3 .

The Manipur Lokayukta filed the petition against N Sarat Singh (Managing Director, MSPCL), Th Bimol Singh (General Manager, MSPCL) and the State of Manipur as respondents.

The special leave petition was filed against a December 19, 2022 order passed by the High Court which upheld an interim order it passed earlier on September 29 last year against the Manipur Lokayukta.

The December 19, 2022 order of the High Court had dismissed a miscellaneous case filed by the Manipur Lokayukta seeking to vacate or modify the interim order which stayed its order against the respondents.

Manipur Lokayukta versus MD, MSPCL : SC declines to interfere with HC order

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 the respondents including N Sarat Singh, Managing Director, MSPCL.

The complaint alleged that there were unauthorized changes in the scope of work and supply, non-execution of works for a 17 km 33 KV line and 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 on September 23, it directed MSPCL to produce necessary documents on the basis of the complaint and appearance of the Administrative Secretary, Power Department Govt of Manipur and Dy Secretary (Power) before it on October 10, 2022 .

However, during the course of examination and hearings done by the High Court, 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.

The High Court on September 29, 2022 passed an interim order and stayed the order of the Lokayukta observing that the Lokayukta has no power to issue any notice for personal appearance of the administrative officers.

Afterwards, the Manipur Lokayukta filed a miscellaneous case seeking the HC to vacate or modify the September 29 interim order of last year.

The High Court on December 19, 2022 then observed that there is no valid ground to vacate or modify the interim order and further made the interim order absolute till the disposal of the writ petition and dismissed the case filed by the Manipur Lokayukta.

The High Court had maintained that the case with the Manipur Lokayukta against N Sarat, Managing Director MSPCL and others is barred by limitation having elapsed more than 7 years.

The High Court had observed that the Manipur Lokayukta had been insisting on making an inquiry which otherwise is outside its jurisdiction.

Aggrieved, the Manipur Lokayukta then filed the special leave petition with the Supreme Court against the impugned order.

However, the Supreme Court in its hearing on February 3, observed that the Court was not inclined to interfere with the impugned order.

Further, the Supreme Court, without expressing any view on the merits of the contentions of the parties, disposed of the matter and requested the High Court to dispose of the writ petition itself within a period of three months.