The suspension order was quashed and set aside by an order of the single bench of Justice Kh. Nobin Singh, after invalidating it (suspension order) for the failure of the government to conduct a review of its decision (order) within ninety days as required under the provision of CCS (CCA) Rules, 1965.
It is learnt that the respondents in its counter affidavit submitted that the Department of Personnel, Government of Manipur, has issued an order on August 28 last directing that the petitioner shall continue to be under suspension.
However the bench was of the view that the suspension order has become invalid since it has not been expended within 90 days “under the provisions of sub-rule (6) in terms of the law settled by the honourable Supreme Court” such an order of suspension which has become invalid cannot be revived by the subsequent review cannot be allowed to be continued by the competent authority.
Moreover, bench mentioned that any other disciplinary proceeding has not been commenced against the petitioner while he was under suspension in connection with a memorandum dated 17-06-2017.
Dr. Okram Ibomcha Singh, was suspended by an order issued by the Deputy Secretary (DP), Government of Manipur on April 13 last as a disciplinary action for allegedly misusing his official status, power and acted in a manner of unbecoming of a government servant under Rule 10(1)(a) of the CCS(CCA) Rules, 1965.
The suspension order sparked controversy as the Health minister, L. Jayentakumar, tendered his resignation three days after the suspension order was issued, for alleged interference from many quarters.
Senior Advocate, B.P Sabu, represented the petitioner while N. Kumarjit, Advocate general appeared on behalf of the respondents which included the state of Manipur represented by the principal secretary (DP), commissioner, Department of Health and Family Welfare and under secretary (DP), Government of Manipur.