Cont.Cas(C) No.4 of 2016

B E F O R E

THE HON’BLE MR. M.R. PATHAK

26.04.2016(Tuesday)

Heard Mr. Victor L.Ralte, learned counsel appearing for

petitioners. Also heard Mrs.Linda L.Fambawl, learned counsel for

the respondent No.4.

This Court vide its Judgment & Order dated 26.08.2015

passed in W.P.(C) No. 130 of 2014 directed the State

respondents therein to fill up the 30 vacancies of Health

Supervisor strictly in conformity with the Recruitment Rules of

2011 and further provided that any vacancies that has arisen

before the enforcement of the Recruitment Rules of 2011, the

same shall be filled up by way of 100 % promotion as provided

under the amended rules of 2006 and the Recruitment Rules of

1987.

In the affidavit filed today, the respondent

No.4/contemnor submitted that in compliance of the said Order

dated 26.08.2015 of this Court, the authorities of the concerned

Department have decided to fill up 19 posts of Health

Supervisors by way of promotion which was scheduled to be

held on 07.04.2016. The State respondents and the contemnor

are totally silent with regard to 11 (eleven) other posts of Health

Supervisors (19+11=30) as specified in the aforesaid Order

dated 26.08.2015 of this Court as well as for the other vacancies

that have arisen drawn to the enforcement of Recruitment

Rules, 2011 and also with regard to the rules that was followed

by the Departmental Promotion Committee (DPC) in its meeting

held on 07.02.2016 for giving promotion to the post of Health

Supervisors in the Department of Health & Family Welfare of the

State.

On the next date fixed, the Secretary, Health & Family

Welfare Department, Govt. of Mizoram shall apprise the

aforesaid fact before the Court.

In the meanwhile, the petitioners are allowed to implead

the new incumbent holding the post of Secretary, DP & AR,

Aizawl, the Secretary, Govt. of Mizoram, Finance Department &

the Secretary, Govt. of Mizoram, Health & Family Welfare

Department by furnish them a copy of the contempt petition

intimating about the pendency of the same before the Court.

List the matter on 08.06.2016.

JUDGE

zotei

Crl.A. No. 11 of 2016(J)

B E F O R E

HON’BLE MR. JUSTICE M.R.PATHAK

26.04.2016(Tuesday)

This Criminal appeal from jail has been filed by the accused

appellant against the Judgment & Order dated 07.12.2015 passed

by the learned Addl. Sessions Judge, Lunglei Judicial District,

Lunglei in Crl.Tr No. 423 of 2013 of the ND&PS Act convicting him

under Section 21(c) and sentencing him to undergo R.I 10 (ten)

years and to pay a fine of Rs. 1 Lakh in default and to further

undergo S.I for 3 (three) months setting off the period already

undergone by him in custody during the trial of the case.

Heard Mr. A.K Rokhum, learned Public Prosecutor, Mizoram

appearing for the State.

Admit this appeal.

Registry shall call for the record of Crl. Tr No. 423 of 2013

from the Court of the learned Addl. Sessions Judge, Lunglei Judicial

District, Lunglei and shall list the matter immediately for orders on

receipt of the said LCR for issuing notice to the informant of the

case and for engaging an Amicus Curiae for the accused appellant

in the matter.

Considering the illness of the accused appellant, the Special

Superintendent, Central Jail, Aizawl is directed to give all medical

treatment to the accused appellant during his jail custody and if

necessary on the advice of the jail Doctor, the said accused

appellant shall be given other medical treatment in the Civil

Hospital, Aizawl if such treatment are not available in the Central

Jail, Aizawl.

JUDGE

Dika

Crl.A. No. 14 of 2016(J)

B E F O R E

HON’BLE MR. JUSTICE M.R.PATHAK

26.04.2016(Tuesday)

This Criminal appeal from jail has been filed by the

accused appellant against the Judgment & Order dated

07.12.2015 passed by the learned Addl. Sessions Judge, Aizawl

Judicial District, Aizawl in Sessions Case No. 75 of 2014 arising

out of Crl.Tr No. 1076 of 2014 in Kawrthah P.S. Case No. 4 of

2014 convicting the accused appellant under Section

376(1)/506 IPC and sentencing him to undergo R.I for 7

(seven) years and to pay a fine of Rs. 1,000/-, in default to

further undergo S.I for another 10 (ten) days setting off the

period already undergone by him in custody during the trial of

the case.

Heard Mr. A.K Rokhum, learned Public Prosecutor,

Mizoram appearing for the State.

Admit this appeal.

Registry shall call for the record of Crl. Tr No. 1076 of

2014 from the Court of the learned Addl. Sessions Judge,

Aizawl Judicial District, Aizawl and shall list the matter

immediately for orders on receipt of the said LCR for issuing

notice to the informant of the case and for engaging an Amicus

Curiae for the accused appellant in the matter.

JUDGE

Dika

Crl.Rev.Pet No. 4 of 2015

B E F O R E

HON’BLE MR. JUSTICE M.R.PATHAK

26.04.2016(Tuesday)

It is seen from the additional affidavit filed by the applicant/

petitioner that as directed on 08.02.2016, the petitioner served the

notice on the sole respondent by substituted manner by publishing

it in the English daily “Zozam Times” on 16.03.2016 and the Mizo

daily “Vanglaini” on 17.03.2016.

In view of such publications of the notice in the local dailies,

service of notice upon the sole respondent is deemed to be

complete.

List the matter for admission on 06.05.2016.

JUDGE

Dika

CRP(Art. 227) No. 16 of 2012

B E F O R E

HON’BLE MR. JUSTICE M.R.PATHAK

26.04.2016(Tuesday)

List the matter on 08.06.2016 for hearing in the Part-I

cause list.

In the meanwhile, the respondent Nos. 2 & 3 shall file their

affidavit in the matter in terms of the Order dated 24.09.2015.

Failure on their part to comply with the said Order dated

24.09.2015, the matter shall be taken up for hearing in the absence

of their affidavit.

JUDGE

Dika

W.P(C) No. 29 of 2016

B E F O R E

HON’BLE MR. JUSTICE M.R.PATHAK

26.04.2016(Tuesday)

Heard Mr. A.R. Malhotra, learned counsel appearing for the

petitioners. Also heard Mrs. Linda L.Fambawl, learned Govt.

Advocate appearing for the respondent Nos. 1 to 4, Mrs. Dinari

T.Azyu, learned Standing counsel MPSC for the respondent No. 5

and Mr. Zochhuana, learned counsel for the respondent No. 6.

Perused the office note dated 01.04.2016. It is found that

notice has been duly served upon the respondent No. 7 and as

such, service is complete on all the respondents.

List the matter on 01.06.2016 enabling the respondents to

file their affidavit in the matter, failing which the Court shall

consider to pass consequential order.

JUDGE

Dika

W.P(C) No. 37 of 2016

B E F O R E

HON’BLE MR. JUSTICE M.R.PATHAK

26.04.2016(Tuesday)

As prayed for, list the matter on 02.06.2016 enabling the

respondents herein, more particularly the respondent No. 4 to file

an affidavit in the matter.

JUDGE

Dika

W.P(C) No. 54 of 2016

B E F O R E

HON’BLE MR. JUSTICE M.R.PATHAK

26.04.2016(Tuesday)

Heard Mr. C. Lalramzauva, learned senior counsel

assisted by Mr. Benjamin Lalthlamuana, learned counsel

appearing for the petitioners. Also heard Mrs. Linda L.

Fambawl, learned Govt. Advocate appearing for the

respondent Nos. 1 to 3.

The petitioners herein worked in Group-A post in

Mizoram Agricultural Marketing Corporation Limited

(MAMCO) which was a State Government undertaking. The

State Government on the basis of a report decided to close

down said corporation i.e MAMCO as the said corporation

was not gaining financially and by an Office Memorandum

dated 30.09.2015 by the State Government in the Finance

Department of the State decided to engage the employees

of said MAMCO in various departments of the State in 1

(one) cadre lower. By the said OM dated 30.09.2015, the

State respondents also took a decision either to engage the

incumbents of the said corporation in a post lower to the

post that they held in the said corporation or to give them

retirement as per Early Retirement Rules, 2015. The

petitioner Nos. 1 to 3 accepted the Government’s proposal

for engaging them in Group-B post under protest though

they were serving in Group-A post while they were working

in the said MAMCO, whereas the petitioner No. 4 as did not

accept such proposal of the State Government, was given

retirement under the Early Retirement Rules, 2015 of the

State.

Being aggrieved with the decision of the State

respondents as provided in the Office Memorandum dated

30.09.2015, the petitioners have preferred this petition.

Issue notice, returnable on 06.06.2016.

As Mrs. Linda L. Fambawl, learned Govt. Advocate

accepts notice on behalf of the respondent Nos. 1 to 3, no

formal notice need be issued. However, the petitioners shall

serve requisite extra copies to the learned Govt. Advocate

during the course of the day.

Petitioners shall take steps for service of notice upon

the respondent No. 4 within a period of 3 (three) days from

today.

On the next returnable date, the respondent Nos. 1 to

3 shall place the Cabinet decision of the respondents in

issuing Office Memorandum No. G.12014/15/2008-FMU/Pt-I

dated 30.09.2015 as well as the decision with regard to the

Early Retirement Rules, 2015.

The Joining of the petitioner Nos. 1 to 3 in Group-B

post and putting the petitioner No. 4 in the Early Retirement

Rules, 2015 shall be subject to the outcome of this petition.

A copy of this Order be furnished to Mrs. Linda L.

Fambawl for her necessary use.

List the matter accordingly.

JUDGE

Dika

W.P(C) No. 60 of 2016

B E F O R E

HON’BLE MR. JUSTICE M.R.PATHAK

26.04.2016(Tuesday)

Heard Mr. L.H. Lianhrima, learned senior counsel assisted by Ms. H.

Lalmalsawmi, learned counsel appearing for the petitioner. Also heard Mrs.

Linda L. Fambawl, learned Govt. Advocate appearing for all the respondents.

The petitioner worked as a constable in the Mizoram Police Service. In

a departmental proceeding initiated against the petitioner for his misconduct

and on the basis of the Judgment & Order dated 09.10.2013 passed by the

learned Sessions Judge, Lunglei Judicial District, Lunglei in Crl.Tr No.

249/2011 arising out of Lunglei P.S Case No. 177/2011 under Section 376(1)

IPC, the petitioner was terminated from service w.e.f 22.10.2011. Prior to

that the petitioner was placed under suspension on 05.09.2011 and a

departmental proceeding was initiated against him on 15.09.2011 for his

involvement in said Lunglei P.S. Case No. 177/2011.

Later, by an Order 16.10.2015 passed in Criminal appeal No. 36 of

2014(J), this Court set aside the Judgment & Order of conviction dated

09.10.2013 passed by learned Trial Court in said Crl.Tr No. 249 of 2011 and

acquitted the present petitioner from the charge of Section 376(1) honorably.

Thereafter, the petitioner approached the respondents’ authority for

reinstating him in service. By an Order dated 12.01.2016, the Deputy

Inspector General of Police directed the Superintendent of Police, Lunglei the

respondent No. 4, being the disciplinary authority of the petitioner, to pass an

appropriate order and accordingly, the said respondent No. 4 vide its order

dated 19.01.2016 reinstated the petitioner in service without back wages as

constable w.e.f 19.01.2016, the date of his joining and the period of his

suspension w.e.f 05.09.2011 to 21.10.2013 and from the date of his

termination from service w.e.f. 22.10.2013 to 17.01.2016 was treated as

‘NOT ON DUTY’ for all purposes.

Being aggrieved with the said decision of the disciplinary authority i.e.

Superintendent of Police, Lunglei dated 19.01.2016 the petitioner has

preferred this petition.

Issue notice, returnable on 30.05.2016.

A Mrs. Linda L. Fambawl, learned Govt. Advocate accepts notice on

behalf of all the respondents, no formal notice need be issued.

Petitioner shall serve requisite extra copies of the petition to Mrs. Linda

L. Fambawl, learned Govt. Advocate for her necessary use.

List accordingly.

JUDGE

Dika

W.P(C) No. 135 of 2015

B E F O R E

HON’BLE MR. JUSTICE M.R.PATHAK

26.04.2016(Tuesday)

Pursuant to the Order dated 09.03.2016, the petitioners

have filed the amended writ petition on 22.03.2016. All the

respondents herein are State respondents represented by Mrs.

Linda L. Fambawl, learned Govt. Advocate.

Petitioner shall serve requisite copies of the amended writ

petition to Mrs. Linda L. Fambawl within a period of 2 (two) days

from today.

In this matter, Rule was earlier issued on 23.11.2015. The

respondent Nos. 1 to 6 shall file their reply affidavit in the matter

on or before the next date fixed without fail.

List the matter on 03.06.2016.

JUDGE

Dika

W.P.(C) No. 61 of 2016

B E F O R E

THE HON’BLE MR. M.R. PATHAK

26.04.2016(Tuesday)

Heard Mr. Vanlalnghaka, learned counsel appearing for

the petitioner. Also heard Mrs. Linda L. Fambawl, learned Govt.

Advocate appearing for the respondent Nos. 1 & 2.

Petitioner is aggrieved as his land involved in this case

though de-hired by the Union of India w.e.f. 09.09.1996, but till

date the State respondents more particularly the Deputy

Commissioner-cum-District Collector, Aizawl District did not hand

over vacant possession of the same to the petitioner. It is also

stated that though, the petitioner applied for necessary

permission from the Deputy Commissioner, Aizawl District,

respondent No.2 for construction of house over his said land

bearing LSC Nos. AZL 128 of 1979 and AZL 615 of 1979 in

May,2000 & November,2011, but till date the said respondent

did not pass any order on such applications of the petitioner.

As the respondent Nos. 1 & 2 are still in occupation of

the land involved in this case in-spite of de-hiring by the Union

of India w.e.f. 09.09.1996, the petitioner in this petition prays

for a direction to the State respondents to pay him necessary

rental compensation for occupation of his lands by the

respondents in the same rate as it was earlier paid to him by the

Union of India.

Issue notice, returnable in 30.05.2016.

As Mrs. Linda L. Fambawl, learned Govt. Advocate

accepts notice on behalf of the respondent Nos. 1 & 2, no

formal notice is necessary.

Petitioner shall serve requisite extra copies to her during

the course of the day.

Pendency of this writ petition shall not be a bar for the

respondents to consider his prayer granting necessary

permission for construction of house over his land covered by

LSC Nos. AZL 128 of 1979 and AZL 615 of 1979 if there is no

legal impediment since the land in question was already de-

hired by the Union of India on 09.09.1996.

List accordingly.

JUDGE

zotei

W.P.(C) No. 38 of 2016

B E F O R E

THE HON’BLE MR. M.R. PATHAK

26.04.2016(Tuesday)

Heard Mr. S.Pradhan, learned counsel appearing for the

petitioner. Also heard Mrs. Linda L. Fambawl, learned Govt.

Advocate appearing for the respondent Nos.1 to 4 and Mr.

Roshan Subedi, who has entered appearance for the respondent

No.5 by filing his power. As such, service is complete on all the

respondents.

List the matter on 26.05.2016.

In the meanwhile, the respondent Nos. 1 to 5 shall file

their affidavit in the matter without fail.

JUDGE

zotei

W.P.(C) No. 39 of 2016

B E F O R E

THE HON’BLE MR. M.R. PATHAK

26.04.2016(Tuesday)

Heard Mr. A.R.Malhotra, learned counsel appearing for

the petitioner.

Perused the office note dated 25.04.2016. It is found

that service is complete upon the respondent No.5. The

respondents herein shall file their affidavit on or before

27.05.2016.

List the matter on 30.05.2016 for consideration.

JUDGE

zotei

W.P.(C) No. 98 of 2013

B E F O R E

THE HON’BLE MR. M.R. PATHAK

26.04.2016(Tuesday)

As prayed for Ms. Melody L.Pachuau on behalf of Mr.

Lalfakawma, learned counsel for the respondents, list the matter

in the next week.

JUDGE

zotei

W.P.(C)(PIL) No.21 of 2016

B E F O R E

THE HON’BLE MR. M.R. PATHAK

26.04.2016(Tuesday)

Heard Mr. Joseph Mangsuanhau, learned counsel

appearing for the petitioner in person. Also heard Ms. Melody

L.Pachuau, learned Govt. Advocate appearing for the State

respondents.

In this petition (PIL), the Ordinance (The Mizoram Land

Acquisition, Rehabilitation and Resettlement No. 1 of 2015 dated

15.12.2015 is under challenge. It is stated that the Mizoram

Assembly was in Session w.e.f. 15th March, 2016 for its Budget

Session 2016-17 and in the meanwhile, introduced the Mizoram

Land Acquisition, Rehabilitation and Resettlement Bill, 2016 in

the Assembly on 31st March, 2016. Clause 2 of Article 213

provides that :

“(2) An Ordinance promulgated under this articleshall have the same force and effect as an Act of theLegislature of the State assented to by the Governor, butevery such Ordinance –

(a) shall be laid before the LegislativeAssembly of the State, or where there is a LegislativeCouncil in the State, before both the Houses, and shallcease to operate at the expiration of six weeks from the

reassembly of the Legislature, or if before the expiration ofthat period a resolution disapproving it is passed by theLegislative Assembly and agreed to by the LegislaltiveCouncil, if any, upon the passing of the resolution or, as the

case may be, on the resolution being agreed to by theCouncil, and

(b) may be withdrawn at any time by theGovernor.”

As the said Ordinance No. 1 of 2015 dated 15.12.2015

involved in this case lost its life on 25.04.2016 after expiration of

6 (six) weeks from 15.03.2016 from the re-assembly of the

Legislation, this PIL as on today has become infructuous.

At this juncture Mr. Joseph Mangsuanhau, the petitioner

in person prays for withdrawal of the said PIL, which is allowed.

Accordingly, this writ PIL stands dismissed as not

pressed.

JUDGE

zotei

W.P.(C)(PIL) No.88 of 2014

B E F O R E

THE HON’BLE MR. M.R. PATHAK

26.04.2016(Tuesday)

List this matter for orders on 29.04.2016.

JUDGE

zotei