Shri Toshizemba v. The State of Nagaland and 5 Ors

O R D E R

28.11.2024 Heard Mr. Tongpok Pongener, learned counsel appearing for the petitioner as well as Ms. S. Mere, learned Senior Government Advocate appearing for the State respondent nos. 1 to 4. Service of notice upon the respondent nos. 5 and 6 is already complete. However, none appears on their behalf today. Pursuant to the Order of this Court dated 22.10.2024, today, Mr. Imti Imsong, learned Additional Advocate General has provided this Court with the Letter issued by the Secretary, Nagaland Lokayukta. This Letter contains 2 Orders of the learned Lokayukta dated 12.07.2024 and

18.11.2024. I have gone through those Orders. I agree with the learned counsel for the petitioner that both the Orders passed by the learned Lokayukta are similar in nature. On that ground, the learned counsel for the petitioner prays for disposal of this matter today itself by allowing his prayers in the Petition. I have also heard the learned counsels of both sides. Page No.# 3/3 This Court is of the opinion that the matter can be disposed of today. Therefore, the respondent no. 6 is directed to immediately issue the Vigilance Clearance in respect of the present petitioner as had been done in the case of other similarly situated Officers of the Department. The respondent no. 3 is directed to issue Vigilance Clearance in respect of the petitioner immediately upon receipt of the clearance from the respondent no. 6 as had been done in the case of other similarly situated Officers of the Department. Further, it is hereby directed that the respondent nos. 2 and 4 shall forthwith consider the petitioner's case for promotion upon receipt of the Vigilance Clearance has had been done in the case of the similarly situated Officers of the Department. With the aforesaid direction, the present Writ Petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC020003332024 2024:GAU-NL:617 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH) KOHIMAoBENCH CaseoNo.o:oWP(C)/118/2024ooooooooo SHRIoTOSHIZEMBAo SR.oTREASURYoOFFICERo MOKOKCHUNGoNAGALAND VERSUSo THEoSTATEoOFoNAGALANDoANDo5oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFo NAGALAND 2:THEoADDL.oCHIEFoSECRETARYoANDoFINANCEoCOMMISSIONER oNAGALANDoKOHIMA 3:THEoCOMMISSIONERoANDoSECRETARY oPoANDoARoDEPT.o NAGALANDoKOHIMA 4:THEoPRINCIPALoDIRECTOR oTREASURIESoANDoACCOUNTSo NAGALANDoKOHIMA 5:THEoNAGALANDoLOKAYUKTA oREPRESENTEDoBYoTHEoSECRETARYoNAGALANDoLOKAYUKTAo NAGALANDoKOHIMA 6:THEoDISTRICToANDoSESSIONSoANDoSPECIALoJUDGE oNAGALANDoLOKAYUKTAo NAGALANDoKOHIMo AdvocateoforotheoPetitionerooooo:oTONGPOKoPONGENER,oAKUMoJAMIR,LAKNYEIo PHOM,VIKEHIENUOoVIMERHA,AKUMoAIER,AYALAoIMCHEN,MUTHOIo Page No.# 2/3 Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA