Riewad Vicharwant Warjri and Another v. State of Meghalaya and 7 Others

Serial No.03 Weekly List HIGH COURT OF MEGHALAYA AT SHILLONG PIL No.12/2022 Date of Order: 02.12.2024

¶1Shri Riewad Vicharwant Warjri

¶2Smti. Patricia Mukhim ..... Petitioners

Vs.

¶1State of Meghalaya represented by the Secretary and Commissioner, Police Department (Home), Govt. of Meghalaya, Shillong.

¶2Director General of Police, Home (Police) Department, East Khasi Hills District, Meghalaya.

¶3Inspector General of Police (law and order), Home (Police) Department, East Khasi Hills District, Meghalaya.

¶4Deputy Inspector General (ER) Home (Police) Department, East Khasi Hills District, Meghalaya.

¶5Deputy Inspector General (WR) Home (Police) Department, East Khasi Hills District, Meghalaya.

¶6Deputy Inspector General (SB) Home (Police) Department, East Khasi Hills District, Meghalaya.

¶7Shri Gabriel K. Iangrai, then AIG (Adm) now posted as Commandant, SF-10, Shillong, East Khasi Hills, Meghalaya.

¶8Official-in-Charge, Central Workshop, Bishnupur, Shillong, East Khasi Hills District, Meghalaya. ..... Respondents Coram: Hon'ble Mr. Justice I.P. Mukerji, Chief Justice Hon'ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner : Mr. S. Chanda, Adv with Ms. K. Decruse, Adv For the Respondents : Mr. A. Kumar, Advocate General with Mr. K. Khan, AAG Ms. A. Thungwa, GA Mr. P. Yobin, Adv for R/7

F

i) Whether approved for reporting in Law journals etc.:

ii) Whether approved for publication

in press: Note: For proper public information and transparency, any media reporting this judgment is directed to mention the composition of the bench by name of judges, while reporting this judgment/order. JUDGMENT: (per the Hon'ble, the Chief Justice) (Oral) This public interest litigation (PIL) has some history. Numerous orders have been passed from time to time. The subject-matter of this litigation is alleged misuse of power and authority by an Assistant Inspector General of Police, the private respondent in the writ petition. He is accused of irregularly procuring about 29 vehicles for the police department, keeping them in his custody and misutilizing them. Upon the writ petitioners filing this PIL, the bench at that time entertained and admitted it by an order dated 30th September, 2022. Thereafter, from time to time we find that orders have been passed closely monitoring the departmental proceedings together with criminal cases which have been initiated against this officer. A report was called for by the Court from the authorities indicating the progress of the enquiry. Today, we are informed by the learned Advocate General that out of 43 witnesses for the prosecution in the departmental enquiry, 41 have been examined and two are not available. Therefore, examination of the prosecution witnesses is complete. We are also told that the charge-sheet in the criminal cases has been framed against the officer. He was arrested, was detained and is now enlarged on bail. We have taken all these facts into account. We are of the view that the purpose of the PIL has been served. The Court was moved on the allegation that the authorities were not vigilant enough to initiate action with regard to the above alleged wrong doing by the delinquent. The Court intervened. We find that by the passage of about two years substantial steps, as desired by the Court have been taken. Therefore, this matter does not need any further prodding by the Court, in our opinion. We dispose of this PIL by directing that the departmental proceedings be concluded as soon as possible preferably by 31st March, 2025. We also direct that the criminal cases be disposed of within that period preferably. Any person hereafter aggrieved is at liberty to approach the ordinary courts of law for the remedy that may be available to him or her. (W. Diengdoh) (I.P. Mukerji) Judge Chief Justice

Meghalaya

02.12.2024 "Lam DR-PS" Date: 2024.12.02 19:00:16 IST