Heikham Dingo Singh v. State of Manipur

HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON’BLE MR JUSTICE LANUSUNGKUM JAMIR

12.05.2022 Sanjay Kumar (C.J.): [1] W.A. No. 6 of 2019 arises out of the interim order dated 14.01.2019 passed by a learned Judge of this Court in W.P. (C) No. 946 of 2018. This writ appeal was filed by Heikham Dingo Singh, respondent No. 4 in the said writ petition. [2] W.A. No. 9 of 2019 also arises out of the same interim order dated

14.01.2019. This writ appeal was filed by the State of Manipur, respondent No. 2 in the said writ petition. [3] W.P. (C) No. 946 of 2018 was filed by Ahongshangbam Premkumar Singh assailing the Notification dated 04.10.2018 issued by the Deputy Secretary to the Government of India, Ministry of Labour and Employment, Government of India, approving the nomination of Heikham Dingo Singh to the post of Chairperson of the Manipur Building and Other Construction Workers’ Welfare Board, in terms of Rule 17(1)(a) of the Manipur Building and Other Construction Workers (RECS) Rules, 2008. By way of interim relief, he sought suspension/stay of the said Notification pending disposal of the writ petition. [4] By the interim order dated 14.01.2019, the learned Judge opined that in the light of the serious allegation of forgery leveled against the writ petitioner, the Central Bureau of Investigation should undertake an enquiry into the issue and submit a report. W.A. No. No. 6 of 2019; & ORs. [5] W.P. (C) No. 422 of 2018 was filed by Tongbram Tikendrajit Singh and Laishram Bimolchandra Singh assailing the Notification dated 14.05.2018 issued by the Government of Manipur reconstituting the Manipur Building and Other Construction Workers’ Welfare Board under the Chairpersonship of Heikham Dingo Singh. This writ petition was closed on 06.02.2020 by a Division Bench of this Court, holding that no further directions or orders were required to be passed therein as the State was in the process of framing new Rules, as a result of which a new Board would be formed. [6] While so, MC [W.P. (C)] No. 218 of 2018 was left out in W.P. (C) No. 422 of 2018 and no separate orders were passed therein. By way of this misc. case, the writ petitioners had prayed for an interim order staying the operation of the impugned Notification dated 14.05.2018. In the light of the disposal of the main case, this miscellaneous case would not survive for consideration independently. [7] W.P. (C) No. 1190 of 2018 was filed by Tongbram Tikendrajit Singh and Laishram Bimolchandra Singh, along with Mutum Shanti Devi, assailing the Meeting Notices dated 08.10.2018 and 22.10.2018 and the proceedings and Resolution dated 22.10.2018. The impugned Meeting Notices were issued for the purpose of the appointing the Secretary and PS to the Chairperson of the Manipur Building and Other Construction Workers’ Welfare Board along with consideration of other agenda items. Pursuant to the meeting held on 22.10.2018, Minutes were recorded embodying the resolutions on each agenda item, which are also subjected to challenge. W.A. No. No. 6 of 2019; & ORs. [8] Heard Ms. Sillori, learned counsel for Ahongshangbam Premkumar Singh, the petitioner in W.P. (C) No. 946 of 2018; Mr. Lenin Hijam, learned Advocate General, Manipur, appearing for the State authorities; Mr. HS Paonam, learned senior counsel, appearing for Heikham Dingo Singh. [9] This Court is informed that FIR No. 5(1)2019 IPS was registered under Sections 420, 468, 471, 124, 463, 464 IPC upon the complaint made by Heikham Dingo Singh against Ahongshangbam Premkumar Singh. After completion of investigation, the police filed a final report before the learned Special Judge (MPs and MLAs) No. 1, Manipur, stating that the complainant had submitted a withdrawal report claiming that there was miscommunication and misunderstanding between him and the accused and that he did not wish to pursue the case. This final report was accepted by the learned Special Judge (MPs and MLAs) No. 1, Manipur, vide order dated 29.12.2021. A copy of the said order is placed on record. This Court is further informed that the impugned Notification dated

04.10.2018, approving the nomination of Heikham Dingo Singh as the Chairperson of the Manipur Building and other Construction Workers’ Welfare Board, is no longer operative in view of the fact that Heikham Dingo Singh has now become a Minister in the State Cabinet. [10] Ms. L. Sillori, learned counsel, fairly states that the cause in the writ petition no longer survives for consideration on merits but would assert that her client still has a grievance with regard to the stigma that was cast upon him owing to the serious allegation of forgery leveled against him. W.A. No. No. 6 of 2019; & ORs. Notably, this Court cannot address this grievance of the writ petitioner in W.P. (C) No. 946 of 2018. In so far as the issues raised in these cases are concerned, nothing remains to be adjudicated. In that view of the matter, W.P. (C) No. 946 of 2018, W.P. (C) No. 1190 of 2018, W.A. No. 6 of 2019 and W.A. No. 9 of 2019 and MC [W.P. (C)] No. 218 of 2018 are all dismissed as infructuous. However, this order shall not preclude Ahongshangbam Premkumar Singh from seeking redressal of his surviving grievances, if any, in relation to the subject issues, before an appropriate forum in accordance with law. In the circumstances, there shall be no order as to costs. Sandeep JUDGE CHIEF JUSTICE W.A. No. No. 6 of 2019; & ORs.