James Ovung v. The State of Nagaland and 3 Ors

ORDER

30.07.2024 Heard Mr. Wati Jamir, learned counsel for the petitioner. The present writ petition has been filed by the petitioner seeking for a direction to the respondent authorities to consider the adhoc promotion of the petitioner to the post of Additional S.P./Deputy Commandant. It is the case of the petitioner that the promotion due to the petitioner has been denied as the petitioner has been implicated in Diphupar Case No. 40/12 under Section 25(1B)(a) of the Arms Act. The said case has been investigated by the NIA and thereafter registered as RC-01/2013 and the same is pending trial in the Court of the learned Chief Judicial Magistrate, Dimapur. Mr. Wati Jamir, learned counsel for the petitioner, however, submits that he has submitted the Representation dated 23.02.2024 to the Home Commissioner, Nagaland, Kohima, as well as the Director General of Police, Nagaland, Kohima, praying for promotion to the post of Additional S.P./Deputy Commandant. However, the Representation submitted by the petitioner is yet to be disposed. Mr. Wati Jamir accordingly submits that the present writ petition can be disposed with a direction to the respondent authorities, more particularly respondent Nos. 2 and 3, to dispose the Representation dated 23.02.2024 submitted by the petitioner. Mr. N. Angami, learned Senior Government Advocate is not Page No.# 3/3 averse to the submission made by the learned counsel for the petitioner which is limited to the disposal of the Representation dated 23.02.2024 submitted by the petitioner to consider his adhoc promotion. In view of the submissions made by the learned counsel for the parties, the writ petition is disposed at the motion stage directing the respondent Nos. 2 and 3 to dispose the Representation dated 23.02.2024 submitted by the petitioner within a period of 6

(six) weeks from today. Any order passed by the respondent authorities on the Representation submitted by the petitioner shall be forthwith communicated to the petitioner. The present writ petition accordingly stands disposed.

Sd/- JUDGE Comparing Assistant

Page No.# 1/3 GAHC020004062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/142/2024 JAMES OVUNG ASSISTANT COMMANDANT, 13 NAP IR YAJANG C/ C.COY COMMANDER (CAMP PHEK) VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, NAGALAND, KOHIMA 2:THE HOME COMMISSIONER TO THE GOVERNMENT OF NAGALAND NAGALAND KOHIMA 3:THE SPECIAL SECRETARY (HOME) POLICE ESTABLISHMENT BRANCH HOME DEPARTMENT NAGALAND KOHIMA 4:THE DIRECTOR GENERAL OF POLICE NAGALAND KOHIM Advocate for the Petitioner : WATI JAMIR Advocate for the Respondent : GOVT ADV NL Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA