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THE STATE OF NAGALAND v. CHAIRPERSON

Supreme Court of India | Diary 10203/2020

Status

ROP - of Main Case

Decided On

01-02-2021

Bench

HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.S. BOPANNA and HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

Petitioner

THE STATE OF NAGALAND

Respondent

CHAIRPERSON

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 748 OF 2020 STATE OF NAGALAND ...PETITIONER(S) VERSUS CHAIRPERSON, LOKAYUKTA & ANR. ...RESPONDENT(S) O R D E R Heard learned senior counsel appearing on behalf of the parties. At the hearing of this case, respondent no.1 has stated through his advocate Shri Vikas Singh, learned senior counsel that this Court may treat the note filed by him as his resignation as Chairperson, Lok Ayukta, Nagaland forthwith. We accept the statement and direct the petitioner - State of Nagaland to accept the said resignation with immediate effect. The respondent has also fairly agreed that appropriate orders may be passed in the case pending before the CJM, Kohima, in P.S. Case No. 15/19 on a complaint lodged by the respondent. The respondent has categorically stated that he has no objection to compromise between the parties particularly in view of the apology of the accused. We, accordingly, quash the proceedings in the above said case viz. P.S. Case No. 15/19.

2 We further direct that the Registrar General of the Guwahati High Court and the Chief Secretary, Government of Nagaland shall permit the respondent to take custody of articles supposed to be handed over to the in-charge of the office of the Lok Ayukta back to the appropriate authority. The Registrar General and the Chief Secretary, Government of Nagaland shall cause appropriate inventory to be drawn. The respondent shall be entitled to remove his personal belongings without any hindrance. The respondent shall be adequately protected when he visits Nagaland for removal of his personal belongings. Any order making observations against the Advocate General of the State and the Advocate-on-Record passed by the respondent shall deemed to be expunged. In view of the above directions, it is not necessary to adjudicate on the prayers made in the writ petition. The writ petition is, accordingly, disposed of. ...................CJI [S.A. BOBDE] .....................J. [ A.S. BOPANNA] NEW DELHI ………………………………………………...J. 1 ST FEBRUARY, 2021 [V. RAMASUBRAMANIAN]

3 ITEM NO.15 Court 1 (Video Conferencing) SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 748/2020 STATE OF NAGALAND Petitioner(s) VERSUS CHAIRPERSON LOKAYUKTA & ANR. Respondent(s) (IA No. 1814/2021 - APPLICATION FOR PERMISSION IA No. 114849/2020 - APPLICATION FOR PERMISSION) Date : 01-02-2021 These matters were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. K.N. Bagopal,Sr.Adv. Ms. Nitya Nambiar,Adv. Mr. Ramakrishna Prasad,Adv. Ms. Priyamvada Mishra,Adv. Mr. Aditya Verma, AOR For Respondent(s) Mr. Vikas Singh,Sr.Adv. Mr. Vishwajit Singh,Adv. Ms. Veera Kaul Singh, AOR Mr. Pankaj Singh,Adv. Ms. Vijaya Singh,Adv. Mr. Aman Lekhi,ASG Mr. Apoorv Kurup,Adv. Mr. Ashok Panigarhi,Adv. Mr. Nabab Singh,Adv. Mr. S.Vinay Ratnakar,Adv. Mr. Arvind Kumar Sharma,Dav. UPON hearing the counsel the Court made the following O R D E R The writ petition is disposed of in terms of the signed order. Pending application(s), if any, shall also stand disposed of. (MADHU BALA) (INDU KUMARI POKHRIYAL) AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)

ITEM NO.15 Court No.1 (Video Conferencing) SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s).748/2020 THE STATE OF NAGALAND Petitioner(s) VERSUS CHAIRPERSON & ANR. Respondent(s) Date : 25-01-2021 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. K N Balgopal, Sr. Adv. Mr. Nitya Nambiar, Adv. Mr. Ramakrishna Prasad, Adv. Mr. Aditya Verma, AOR Mr. Priyamvada Mishra, Adv. For Respondent(s) Mr. Vikas Singh, Sr. Adv. Mr. Vishwajit Singh, Adv. Ms. Veera Kaul Singh, AOR Mr. Pankaj Singh, Adv. Ms. Vijaya Singh, Adv. Mr. Aman Lekhi, Ld. ASG Mr. Apoorv Kurup, Adv. Mr. Ashok Panigarhi, Adv. Mr. Nabab Singh, Adv. Mr. S. Vinay Ratnakar, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Put up next week. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

ITEM NO.9 Court 1 (Video Conferencing) SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 748/2020 THE STATE OF NAGALAND Petitioner(s) VERSUS CHAIRPERSON & ANR. Respondent(s) Date : 11-01-2021 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. KN Balgopal, Sr. Adv./Ld. AG Mr./Ms. Nitya Nambiar, Adv. Mr. Ramakrishna Prasad, Adv. Mr. Aditya Verma, AOR Ms./Mr. Priyamvada Mishra, Adv. For Respondent(s) Mr. Vikas Singh, Sr. Adv. Mr. Vishwajit Singh, Adv. Mrs. Veera Kaul Singh, AOR Mr. Pankaj Singh, Adv. Ms. Vijaya Singh, Adv. UPON hearing the counsel the Court made the following O R D E R At the request of Mr. Vikas Singh, learned Senior Counsel appearing for the respondent(s), list the matter after one week to enable him to take instructions in the matter. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

ITEM NO.25 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Writ Petition(s)(Civil) No(s). 748/2020 THE STATE OF NAGALAND Petitioner(s) VERSUS CHAIRPERSON & ORS. Respondent(s) Date : 08 - 09 - 2020 This petition was called o n for hearing today. For Petitioner(s) Mr. Priyamvada Mishra, Adv. Mr. Aditya Verma, AOR For Respondent(s) Ms. Pragati Neekhra, AOR UPON hearing the counsel th rough Video Conference, the Court made the following O R D E R Service is complete on respondent No.2 but none has entered appearance. Respondent No.3 has been deleted vide order dated 21.8.2020. Cause title has been amended accordingly. Vakalatnama on behalf of respondent No.1 has been filed on 3.9.2020. Ld. counsel for respondent No.1 seeks three weeks’ time to file counter affidavit. However, Ld. Counsel for the petitioner submits that vide order dated 21.8.2020, the Hon’ble Court was pleased to issue notice returnable in two weeks. He further submits that the matter is sensitive

Item No.25 - 2 - and accordingly makes request to list it before the Hon’ble Court after two weeks. He further submits that Ld. counsel for respondent No.1 be directed to file counter affidavit within two weeks and then the matter be listed before the Hon’ble Court. As against, Ld. counsel for respondent No.1 makes request that three weeks’ time be granted for filing counter affid avit. Accordingly, three weeks’ time is granted for filing counter affidavit. Registry to process the matter for listing before the Hon'ble Court after completion of period of three weeks whether counter affidavit on behalf of respondent No.1 is filed or not as further opportunity stands declined. ANIL LAXMAN PANSARE Registrar

ITEM NO.5 Court No.1 (Video Conferencing) SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 748/2020 THE STATE OF NAGALAND Petitioner(s) VERSUS CHAIRPERSON & ORS. Respondent(s) (FOR ADMISSION ) Date : 21-08-2020 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. K N Balgopal, Advocate-General Mr./Ms. Nitya Nambiar, Adv. Mr. Ishaan Sharma, Adv. Mr. A P Mukund, Adv. Mr./Ms. Priyamvada Mishra, Adv. Mr. Shrey Patnaik, Adv. Mr. Aditya Verma, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice returnable two weeks. On an oral prayer made by Mr. K N Balgopal, learned Advocate General appearing for the petitioner – State, the name of respondent no.3 is deleted from the array of parties at the risk of the petitioner. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

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