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Judgment
R.S., CJ
[1] Heard Mr. L.Sevananda Sharma, learned counsel for the petitioner and Mr. S.Nepolean, learned Government Advocate for the State respondents.
[2] The prayers in this PIL are as follows:-
"i. to admit this writ petition and issue Rule Nisi;
(ii) In the interim, to issue a writ in the nature of Mandamus or any other writs/directions directing the respondents to make suitable changes by issuing a rectified notification/order by elevating the precedence/status of the puisne Judges of the High Court of Manipur above the precedence/status of the Advocate General.
(iii)to issue a writ in the nature of Mandamus or any other appropriate writs/directions to the respondents by placing the precedence/status of the District Judges to the status of Principal secretary and much above the precedence of the Deputy Commissioner by taking reliance from the grade/status given in the MLR Act and Rules read with the provisions of the Legal Services Authority Act and its framed rules.
(iv)to issue a Writ of Mandamus or any other appropriate writs/directions to the respondents by placing the precedence/status of the Chief Judicial Magistrate to the status of District Magistrate and that of the Judicial Magistrate First Class to the rank of Additional District Magistrate."
[3] In this PIL, the Court ordered notice on 21.02.2018. The order reads as under:-
"21.02.2018
Heard Mr. L. Sevananda, learned counsel for the petitioner.
Issue notice returnable on 21st March, 2018.
Mr. R.S. Reisang, learned Senior GA issued by Mr. Shyam Sharma, learned GA accepts notice on behalf of Respondents No. 1,2 & 4 Mr. S. Suresh, learned CGC accepts notice on behalf of Respondent. No.
Mr. L. Sevananda, learned counsel for the petitioner prays for permission to delete Respondents No. 3 & 6.
Permission is granted, and necessary amendment in the cause list be made forthwith.
List the matter on 21st March, 2018."
On 30.5.2018, this Court passed the following order:-
"30.5.2018
R.S.C.J.,
Heard Mr. Sevananda, learned counsel for the petitioner. Mr.R.S.Reisang, learned senior GA states that the issue is being seriously considered by the GAD, for review of the notifcation and seeks some time to get instruction in the matter.
At the request, matter be posted on 20.6.2018.
It there is any difficulty, respondents is at liberty to seek for further adjournment."
[4] On 25.8.2018, the following order was passed which is extracted as under:-
" 25.8.2018,
Mr.Nepolean, learned GA submits that the matter relating to rectification of the order of precedence of Judges is being examined by the State authorities and accordingly, prays for three weeks' time. Prayer is allowed.
List accordingly on 19th September, 2018."
The Court again passed the following order on 08.2.2019 as under:-
"8.2.2019
Mr.Nepolean, learned GA submits that the concern file has been placed before the Cabinet Secretariat and prays for four weeks' time. Prayer is allowed.
It is expected that the Cabinet Secretariat will place the file before the Cabinet at the earliest.
List the matter again on 15th March, 2019.
Registry to furnish a copy of this order to Mr. Nepolean, learned GA."
Again, on 12.04.2019, the Court ordered as below:-
"12.4.2019
It is submitted by Mr.Nepolean, learned GA that in view of the Model Code of Conduct imposed by the Election Commission of India due to the ongoing Lok -Sabha Elections, the Cabinet has not been able to take a decision in the case and prays for deferring this matter for another three weeks to enable him to receive instruction.
Considering the submission, the prayer is allowed. List on 7.6.2019."
[5] Further, on 07.6.2019, the Court passed the following order as below:-
"07-06-2019
L. Jamir, J.
Heard Mr. Sivananda, learned counsel appearing for the petitioner as well as Mr. S. Nepolean, learned Government Advocate appearing for the State respondents and Mr. S. Suresh, learned ASG appearing for the Union of India.
The present PIL has been filed challenging the order of precedence dated 27-12-2017 issued by the General Administration Department, Government of Manipur.
Notice was issued as back as on 21-02-2018. Till date, no affidavit has been filed by the respondents. Mr. Nepolean, learned Government Advocate has produced a U.O. Note dated 12-11-2018 issued by the Joint Secretary (GAD), Government of Manipur which is reproduced hereinbelow -
"UO No. 3/JS/GAD-Court
Dated: 12/11/2018
Sub: Status in relation to PIL Case No. 5 of 2018
(Th. James Vs State of Manipur
I am to inform you that GAD has been giving top priority to the above mentioned PIL case in the Hon'ble High Court of Manipur. As a final decision is to be taken after due consideration and approval by the State Cabinet for matters related to placing of dignitaries/officers in the order of Warrant of Precedence to be observed in State functions in the State of [2] Manipur, the matter has been referred to the Cabinet Department through GAD file for placing the issue before the Cabinet at the earliest for its decision.
You are therefore, requested to kindly inform the Hon'ble High Court of Manipur in the next hearing scheduled for 13/11/2018 about the steps taken up by the Department and to seek some more time to file appropriate reply to the PIL with a concrete decision of the State Government as and when the Cabinet decides on the matter.
(Ng. Roben Singh)
Joint Secretary (GAD)
Government of Manipur."
Advocate Nepolean Singh, State Govt. Counsel
High Court of Manipur
Govt. of Manipur
Copy for information to:
The Staff Officer to the Chief Secretary, Manipur.
The Pr. Secretary (GAD),Government of Manipur."
On several occasions time was granted to the respondents for filing affidavit. However, on one ground or the other, this PIL has been adjourned. On the last occasion i.e., on 12-04-2019, the learned Government Advocate submitted that in view of the Election Code of Conduct imposed by the Election Commission of India due to the ongoing Lok Sabha Elections, the Cabinet has not been able to take a decision in the matter. On that ground this Court had granted time and directed that the matter be listed on 07-06-2019.
Today, when the matter is called up, the learned Government Advocate again submits that though there was a Cabinet meeting held at Ukhrul on 04-06-2019, the matter could not be placed before the Cabinet and therefore, seeks for some more time. Considering the issue involved, this court is granting another four weeks' time as last chance [3] to the learned Government Advocate to enable him to file affidavit or to place appropriate instructions before this Court.
If no affidavit is filed or no appropriate instructions are placed before this Court on the next date, the personal appearance of the concerned officer shall be considered.
List the matter again on 19-07-2019.
Furnish a copy of this order to Mr. S. Nepolean, learned Government Advocate."
Then, the Court passed the following on 19.7.2019 and it reads as below:-
"19.7.2019
On 07-06-2019, we passed the following orders:
"Heard Mr. Sivananda, learned counsel appearing fo the petitioner as well as Mr. S. Nepolean, learned Government Advocate appearing for the State respondents and Mr. S. Suresh, learned ASG appearing for the Union of India.
The present PIL has been filed challenging the order of precedence dated 27-12-2017 issued by the General Administration Department, Government of Manipur.
Notice was issued as back as on 21-02-2018. Till date, no affidavit has been filed by the respondents. Mr. Nepolean, learned Government Advocate has produced a U.O. Note dated 12-11-2018 issued by the Joint Secretary (GAD), Government of Manipur which is reproduced herein below -
"UO No. 3/JS/GAD-Court
Dated: 12/11/2018
Sub: Status in relation to PIL Case No. 5 of 2018
(Th. James Vs State of Manipur I am to inform you that GAD has been giving top priority to the above mentioned PIL case in the Hon'ble High Court of Manipur. As a final decision is to be taken after due consideration and approval by the State Cabinet for matters related to placing of dignitaries/officers in the order of Warrant of Precedence to be observed in State functions in the State of Manipur, the matter has been referred to the Cabinet Department through GAD file for placing the issue before the Cabinet at the earliest for its decision.
You are therefore, requested to kindly inform the Hon'ble High Court of Manipur in the next hearing scheduled for 13/11/2018 about the steps taken up by the Department and to seek some more time to file appropriate reply to the PIL with a concrete decision of the State Government as and when the Cabinet decides on the matter. (Ng. Roben Singh)
Joint Secretary (GAD)
Government of Manipur."
Advocate Nepolean Singh, State Govt. Counsel
High Court of Manipur
Govt. of Manipur
Copy for information to:
The Staff Officer to the Chief Secretary, Manipur.
The Pr. Secretary (GAD),Government of Manipur."
On several occasions time was granted to the respondents for filing affidavit. However, on one ground or the other, this PIL has been adjourned. On the last 3 occasion i.e., on 12-04-2019, the learned Government Advocate submitted that in view of the Election Code of Conduct imposed by the Election Commission of India due to the ongoing Lok Sabha Elections, the Cabinet has not been able to take a decision in the matter. On that ground this Court had granted time and directed that the matter be listed on 07-06-2019.
Today, when the matter is called up, the learned Government Advocate again submits that though there was a Cabinet meeting held at Ukhrul on 04-06-2019, the matter could not be placed before the Cabinet and therefore, seeks for some more time. Considering the issue involved, this court is granting another four weeks' time as last chance to the learned Government Advocate to enable him to file affidavit or to place appropriate instructions before this Court.
If no affidavit is filed or no appropriate instructions are placed before this Court on the next date, the personal appearance of the concerned officer shall be considered.
List the matter again on 19-07-2019.
Furnish a copy of this order to Mr. S. Nepolean, learned Government Advocate."
Today, Mr. Nepolean, learned GA submits that the Cabinet is yet to have its meeting and therefore, he is not in a position to address the Court.
On consideration of the submission made by Mr. Nepolean, learned GA as well as the fact that last chance was given to the respondents on 07-06-2019, we have no other alternative but to summon the personal appearance of the Principal Secretary, GAD, Government of Manipur.
Let the Principal Secretary, GAD, Government of Manipur be present in person before this Court on 26th July, 2019 at 10:30 a.m sharp.
List the matter again on 26th July, 2019.
Furnish a copy of this order to Mr. Nepolean, learned GA."
[6] On 05.8.2019, this Court passed the following order as under:-
"R.S., CJ.
Today, when the matter was taken up, Mr.Nepolean, learned Government Advocate produces a copy of the notification dated 24th July, 2019 and the same is taken on file. A copy of the same has been furnished to the learned counsel for the petitioner who seeks some time to verify whether it is in consonance with the Warrant of Precedence issued by the Central Government.
List the matter on 7.8.2019. Since the notification has been issued, the presence of the Principal Secretary, GAD, Govt. of Manipur is dispensed with for the present."
[7] Mr.S.Nepolean, the learned Government Advocate produced a copy of the Government notification dated 24th July, 2019. The same is quoted as under:-
"GOVERNMENT OF MANIPUR
SECRETARIAT: GENERAL ADMINISTRATION DEPARTMENT
NOTIFICATION
Imphal, the 24th July, 2019.
No. 4/3/70-SA (PT.I): In supersession of all previous notifications issued in this regard, the Governor of Manipur is pleased to order that the order of Warrant of Precedence of this notification shall be observed at all State Functions in the State of Manipur as detailed below:
Governor of Manipur
Chief Minister of Manipur
Deputy Chief Minister of Manipur
Speaker of the Manipur Legislative Assembly/Chief Justice of High Court of Manipur/Chairperson of Manipur Lokayukta/ Chairperson of Manipur State Human Rights Commission.
Cabinet Minister/Chairman, Hill Areas Committee/Deputy Chairman, Manipur State Planning Board/ Ex-Chief Ministers/ Leader of Opposition of the Manipur Legislative Assembly/ Government Chief Whip of the Manipur Legislative Assembly.
Puisne Judges of High Court of Manipur/ Members of Manipur Lokayukta/ Member of Manipur State Human Rights Commission.
Deputy Speaker, Manipur Legislative Assembly/ Ministers of State of Manipur/Vice-Chairman, Hill Areas Committee.
Deputy Ministers of the State Government.
Members of Parliament.
Members of Manipur State Legislative Assembly.
Chief Secretary.
Director General of Police/ GOC, Eastern Command/ Addl. Chief Secretaries to the State Government/ PCCF (HOFF) Officers of the rank of Lt. General and equivalent rank.
Advocate General, Manipur/ Chairman (MPSC)/ State Chief Information Commissioner.
Principal Secretaries to the State Government/ Principal Accountant General, Manipur/ Additional Director General of Police/ Vice Chancellor of Central and State Universities/ Vigilance Commissioner/ Chairman, Autonomous District Council (Hills)/ Adhyaksha of Zila Parishad/ Mayor of IMC.
Chairperson of the Manipur State Women's Commission/ Chairman of Manipur State O.B.C Commission/ Chairman of Manipur State Minorities Commission/ Chairman of Joint Electricity Regulatory Commission for Manipur and Mizoram.
Vice Chairman, Autonomous District Council (Hills)/ Deputy Mayor of IMC/ Up- Adhayaksha of Zila Parishad/ Executive Members of Autonomous District Council (Hills)/ Members of the Manipur Human Rights Commission and Manipur State Women's Commission/Members of Joint Electricity Regulatory Commission for Manipur and Mizoram.
Commissioners and Secretaries to the State Government/ Secretary to the Governor/ Secretary (MPSC)/ Secretary to Chief Minister/ Secretary (LA)/ State Information Commissioner/ Officers of the Rank of Inspector General of Police/ Major General or equivalent of other Services/ Members of Manipur Public Service Commission/ Additional Advocate General of Manipur.
Special Secretaries to the Government of Manipur/ State Election Commissioner/ Chief Conservator of Forest.
Deputy Commissioners in their respective districts/ District/ Sessions Judges/ Additional Secretaries and Joint Secretaries to the State Government/ DIGs of Police/ Brigadier- Command.
Deputy Commissioners outside their districts/ Conservator of Forest.
Senior Superintendents of Police/ Colonels/ Superintendents of Police in their District/ Lt. Colonels in command.
Chairpersons of Municipalities/ Zilla Parishad Members/ Members of Autonomous District Council (Hills)/ Corporators.
Heads of Departments/ Government Advocates.
Additional District and Session Judges/ Addl. District Magistrate/ Addl. Deputy Commissioners/ Chief Judicial Magistrate/ Addl. Deputy Commissioners/ Chief Judicial Magistrate/ Deputy Secretaries to the State Government/ Other Police Officers of the Rank of Superintendents of Police/ Lt. Colonels/ Commandant of Armed Battalions/ Addl. Superintendents of Police/ Chief Executive Officers, Autonomous District Council/ District Planning Officers/ Deputy Conservator of Forest.
Sub- Divisional Officer (Civil)/ Under Secretaries to the State Government/ Judicial Magistrate/ Majors and equivalent rank/ Deputy Commandants of Btns./ Assistant Commissioners to the Government of Manipur.
Heads of Offices not mentioned above/ Sub-Divisional Police Officers.
Deputy Superintendents of Police/ Captain/ Assistant Commandants of Armed Btns/ Class-I Officers of other Departments not covered above.
Councillors of Municipalities/ Chairpersons of Nagar Panchayats/ Pradhans/ Up-Pradhans/ Members of Gram Panchayat.
(V. Vumlunmang)
Sd/
Principal Secretary (GAD)
Government of Manipur."
[8] Recording the same, the present PIL stands closed.