State govt still not comply HC order against the promotion of Jt Director in Commerce & Industries dept
Source: IT News

Imphal, April 17 2017: Manipur state government has not complied the Manipur High Court order to cancel the promotion order of a person to Joint Director in Commerce and Industries Department .

As per documents with the Imphal Times, a single bench of Justice Kh.

Nobin Singh of Manipur High Court quashed the promotion order of Sh.

Ibotombi Sharma to the post of Joint Director Industries (G&M) on the ground of favoritism and nepotism in ACRs on February 14, 2017, .

The judgment was passed after hearing a writ Petition case No, 328 0f 2014 filed by Khumanthem Dilip Singh against the Manipur Public Service Commission, State of Manipur and Sh.

Ibotombi Sharma challenging the DPC meeting of the Manipur Public Service Commission (MPSC) for promotion of Sh Ibotombi as Joint director Industries on the ground that he suspects some foul play in the course of conducting the DPC. Khumanthem Dilip in his writ petition pleaded the Manipur High Court seeking justice for keeping him ineligible while his junior was selected and promoted to the post of Joint Director Industries (G&M) .

The ACR of Kh Dilip Singh was graded 'very good ' while Ibotombi Sharma who was junior to him was graded 'outstanding' .

Kh.

Dilip argued that the entry in the ACR was not communicated to him thus denying the opportunity to improve his work in future or make a representation against the entry in violation of Article 14 of the Constitution of India.

After hearing the writ petition the Manipur High Court quashed and set aside the proceedings of the said DPC meeting held on December 28, 2013 for promotion of Joint Director Industries (G&M) in the Department of Commerce and Industries , Govt.of Manipur including the promotion order of Sh.

Ibotombi Sharma to the post of Joint Director (G&M) dated February 1 , 2014 .

The judgment of the Manipur High Court was based on the ruling of the Supreme Court in Dev Dutt Vs.

Union of India & others, wherein the Supreme Court held that " every entry in the ACR of a public servant must be communicated to him within a reasonable period, whether it is poor, fair, good or very good entry.

This is because non-communication of such an entry may adversely affect the employee in two way � 1) had the entry been communicated to him he would know about the assessment of his work and conduct by his superiors; 2) he would have an opportunity of making a representation against the entry if he feels it unjustified, and pray for its upgradation.

Hence, non communication of an entry is arbitrary, and it has been held by the constitution Bench decision of this court in Menaka Gandhi Vs.

Union of India that arbitrariness violets Article 14 of the constitution.

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