Setback for Manipur Lokayukta in case against MSPCL officials
Case has elapsed time, HC rules
Source: The Sangai Express

Imphal, October 15 2023: The High Court of Manipur has closed a complaint case filed against then MSPCL (Manipur State Power Company Limited) Managing Director N Sarat Singh and two others with the Manipur Lokayukta.

The complaint case, filed with the Manipur Lokayukta by one Ngangom Ibotombi Singh of Oinam Bazar Makha, Nambol, Bishnupur district in 2022 had alleged that there were embezzlement and misappropriation of public funds in respect of installation of 2x5 MVA, 33/11 KV sub-station along with associated 33 KV line and related civil works at Sugnu.

While hearing the matter related to the case taken up by the Manipur Lokayukta, the High Court, on October 11, observed that the case against the MSPCL officials is time barred and is out of the purview of the Manipur Lokayukta as per the Manipur Lokayukta Act.

The Court then shut the case.

Notably, after the complaint case was filed by Ng Ibotombi in 2022, the Manipur Lokayukta had taken up a case 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, with more than 7 years having elapsed, it had become an issue which cannot be looked into by the Manipur Lokayukta as per Section 53 of the Manipur Lokayukta Act.

Subsequently, the Power Department, Government of Manipur made a request to the Manipur Lokayukta for not proceeding with the proposed inquiry as per the provisions of Section 53 .

However, the Manipur Lokayukta without appreciating the stand of the Manipur Government, passed an order on September 23, 2022 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, 2022 .

The High Court, on September 29, 2022, stayed the September 23, 2022 order of the Manipur Lokayukta and observed that the Lokayukta had no power to issue any notice for personal appearance of the administrative officers.

The High Court had then maintained that the case with the Manipur Lokayukta against N Sarat, then Managing Director MSPCL, was barred by limitation having elapsed a period of seven years between the date of filing of the complaint (2022) and completion of the project in question (2015) .

Making absolute the interim stay order, the High Court again on December 19, 2022 had then come down heavy on the Manipur Lokayukta by observing that the institution (Manipur Lokayukta) was not appreciating the stand of the Government and had been insisting on making inquiry which otherwise is outside its jurisdiction.

The Court observed 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" .

Aggrieved by the ruling and observation of the High Court, the Manipur Lokayukta filed a Special Leave Petition (SLP) before the Supreme Court.

The Apex Court disposed of the SLP on February 3, 2023 and requested the High Court to dispose of the writ petition within a period of three months.

The Manipur Lokayukta then filed a Miscellaneous Application in the aforementioned SLP before the Supreme Court, which dismissed the plea on October 2, 2023 .

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