V.S. Nganingkhui v. B. John Tlangtinkhuma, Ias

Cont.Cas(C) No. 59 of 2022Page 1 Item No. 53 IN THE HIGH COURT OF MANIPUR AT IMPHAL Cont.Cas(C) No. 59 of 2022 V.S. Nganingkhui …..Petitioner/s - Versus – B. John Tlangtinkhuma, IAS .... Respondent/s BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

20.02.2023 [1] Heard Mr. Th. Khagemba, learned counsel appearing for the petitioner, Mr. Y. Nirmolchand, learned senior counsel assisted by Mr. U. Augusta, learned counsel appearing for the respondent No. 2 and Mr. RK. Deepak, learned counsel appearing for the respondents No. 1, 3 & 4. [2] By an order dated 30.01.2023 passed by this Court three weeks further time was granted to the respondents as last chance for complying with the directions given by this Court and it was also made clear that if the respondents failed to comply with the directions of this Court on or before the next date, the respondents No. 2, 3 & 4 were directed to appear personally before this Court on 22.02.2023 at 10:30 am to explain the reasons for non-compliance with the directions of this Court. The respondents have filed separate applications for dispensing with their personal appearance before this Court. [3] In MC(Cont. Cas(C)) No. 13 of 2023 filed by the Secretary, PHE, Government of Manipur who is the respondent No. 4 herein, it has been stated at Para 4 that department had already made payment for the initial installment in the month of January, 2023 and that the department will make LHAINEIC HONG HAOKIP Date: 2023.02.20 14:51:27 +05'30' Cont.Cas(C) No. 59 of 2022Page 2 full and final settlement by the month of December, 2023. For ready reference, the said Para 4 is reproduced hereinabove :- "4. That, the Applicant begs to submit that the Department is making all efforts within its means to gather the full amount of security deposits. However, looking at the annual funds/budget allocated to the Department and examining the budget allocation of different schemes of the Department, it has come to the notice of the Department that the refund of the full amount of the security deposits will be possible only through payment in installments with the last payment to be made in the month of December, 2023. It may be pertinent to mention herein that the Department had already made payment of the initial installment in the month of January, 2023. The Applicant further begs to submit that the remaining amount will be paid in installments with the available resources of the Department and the final full and final settlement will be made by the month of December, 2023." [4] Mr. Th. Khagemba, learned counsel appearing for the petitioner fairly submitted that the petitioner has already received the first installment and as the respondents particularly the Secretary, PHE has given an undertaking before this Court that his Security Deposit will be refunded in installment and full and final settlement will be made in the month of December, 2023, the petitioner is agreeable to the proposal made by the respondents and that in view of the undertaking given by the respondents, the present contempt petition can be closed. [5] In view of the submissions made by the learned counsel appearing for the petitioner and undertaking given by the Secretary, PHE as quoted hereinabove, this Court is of the considered view that the present contempt case can be closed. Accordingly, the present contempt petition is hereby closed. All the connected applications also stands closed. JUDGE Cont.Cas(C) No. 59 of 2022Page 3 Lhaineichong