Meghalaya High Court
Date Of Order: 19.02.2026 vs Smti. Badalin Kharbithai on 19 February, 2026
Author: H.S.Thangkhiew
Bench: H.S.Thangkhiew
2026:MLHC:87
Serial No.09
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
MC[WP(C). No. 198 of 2025 in
WP(C). No. 197 of 2025
Date of Order: 19.02.2026
The Committee on Public Undertakings in
The Meghalaya Legislative Assembly
Represented by
The Commissioner & Secretary,
Meghalaya Legislative Assembly,
MG Road, Shillong - 793001,
East Khasi Hills, Meghalaya.
...Applicant
-Vrs-
1. Smti. Badalin Kharbithai
Wife of (L) P.Wankhar,
Resident of Nongthymmai, Shillong,
East Khasi Hills, Meghalaya.
2. Shri. Ajith Koch,
Wife of Shri Joslish Koch,
Resident of Borkona,
South West Garo Hills,
Meghalaya.
...Opposite Parties/Respondents
-AND-
3. State of Meghalaya, Represented by
The Commissioner and Secretary,
Department of Commerce and Industries,
Government of Meghalaya, Shillong.
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2026:MLHC:87
4. The Director,
Department of Commerce and Industries,
Government of Meghalaya, Shillong.
5. The Chairman,
Meghalaya Industrial Development Corporation
Limited, Government of Meghalaya Undertaking,
Upland Road, Laitumkhrah, Shillong-793003,
East Khasi Hills, Meghalaya.
6. The Managing Director,
Meghalaya Industrial Development Corporation Limited,
Government of Meghalaya Undertaking,
Upland Road, Laitumkhrah, Shillong-793003,
East Khasi Hills, Meghalaya.
7. The Deputy General Manager, Loan,
Recovery and Accounts, Meghalaya Industrial
Development Corporation Limited,
Government of Meghalaya Undertaking, Upland Road,
Laitumkhrah, Shillong-793003,
East Khasi Hills, Meghalaya.
8. The Assistant General Manager, Engineering,
Finance and Accounts, Meghalaya Industrial
Development Corporation Limited,
Government of Meghalaya Undertaking,
Upland Road, Laitumkhrah, Shillong-793003,
East Khasi Hills, Meghalaya.
9. The Manager Accounts,
Meghalaya Industrial Development Corporation Limited,
Government of Meghalaya Undertaking,
Upland Road, Laitumkhrah, Shillong-793003,
East Khasi Hills, Meghalaya.
10. The Principal Accountant General (Audit),
Office of the Principal Accountant General (Audit),
MG Road, Shillong-793001,
East Khasi Hills, Meghalaya.
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11. The Deputy Accountant General,
AMG-I Administration and AMG-II,
Office of the Principal Accountant General (Audit),
MG Road, Shillong-793001,
East Khasi Hills, Meghalaya.
12. The Audit Officer,
Office of the Principal Accountant General (Audit),
MG Road, Shillong-793001,
East Khasi Hills, Meghalaya.
...Proforma Respondents.
Coram:
Hon'ble Mr. Justice H.S.Thangkhiew, Judge
Appearance:
For the Petitioner/Applicant(s) : Mr. N.D.Chullai, Sr. Adv. with
Ms. R.Colney, Adv.
For the Respondent(s) : Ms. B.Kharwanlang, Adv. with
Mr. S.Thapa, Adv. for R 1& 2.
Mr. N.Syngkon, GA for R 3 & 4.
Mr.K.P.Bhattacharjee, Adv. for R 5-9.
Mr. K.Kharmawphlang,Adv. for R 10-12.
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. This is an application for striking off the respondent No. 12 i.e. the
Committee on Public Undertakings in the Meghalaya Legislative Assembly,
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who has been arrayed as party in the main writ petition being WP(C). No.
196 of 2025 as respondent No.12.
2. The grounds as set out and advanced by Mr. N.D.Chullai, learned Sr.
counsel assisted by Ms. R.Colney, learned counsel on behalf of the applicant
is that by virtue of Chapter XXV Assembly Committees of the Rules of
Procedure and Conduct of Business in Meghalaya Legislative Assembly
containing Rule 193-194, the members are appointed by the Legislative
Assembly on a motion made, or nominated by the Speaker as the case may
be, and the said Committee which has been arrayed as party was
accordingly, by virtue of the Rules constituted to examine the report as
stipulated under the Rules. For the sake of convenience, the relevant Rules
i.e. 193, 194, 242-A, whereby the controls and functions of the Committee
are laid down, are reproduced hereinbelow:
“193. In this Chapter, unless the context
otherwise requires, “Committee” means and
includes “Assembly Committee” as defined in
Sub-rule (1) of rule 2.
194. (1) The members of a Committee shall be
appointed or elected by the Assembly on a motion
made or nominated by the Speaker, as the case
may be.
(2) No Member shall be appointed to a Committee
if he is not willing to serve on it. The proposer
shall ascertain whether the Member whose name
is proposed by him is willing to serve on the
Committee.
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(3) Casual vacancies in the Committee shall be
filled by appointment or election by the Assembly
on a motion made or nomination by the Speaker,
as the case may be, and any Member appointed,
elected or nominated to fill such vacancy shall
hold office for the unexpired portion of the term
for which the member in whose place he is
appointed, elected or nominated would have
normally held office.
242-A. There shall be a Committee on Public
Undertakings for the examination of the working
of the public undertakings or such other
undertakings as may be referred to by the Speaker
from time to time. The functions of the Committee
shall be:-
(a) to examine the reports and accounts of the
public undertakings specified in the Fourth
Schedule, and of such undertakings as may be
referred to the Committee by the House/Speaker
from time to time;
(b) to examine the reports, if any, of the
Comptroller and Auditor General on the public
undertakings;
(c) to examine, in the context of the autonomy and
efficiency of the public undertakings whether the
affairs of the public undertakings are being
managed in accordance with sound business
principles and prudent commercial practices;
(d) to exercise such other functions vested in the
Committee on Public Accounts and the Committee
on Estimates in relating to the public undertakings
specified above as are not covered by clauses (a),
(b) and (c) above and as may be allotted to the
Committee by the Speaker from time to time;
Provided that the Committee shall not examine
and investigate any of the following, namely :-
(i) matters of major Government policy as
distinct from business of commercial
functions of the public undertakings;
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(ii) matters of day-to-day administration;
(iii) matters for the consideration of which
machinery is established by any special
statute under which a particular public
undertaking is established.”
3. It is further the case of the applicant that the function of the
Committee is only to examine the reports and accounts of the said
Undertakings specified in the Rules of Procedure, whereafter a report is
presented to the House. The proceedings or recommendations of such
Committees it is submitted, can be stated to be, or deemed to be proceedings
of the State Legislature. It is then contended that by virtue of Article 212 of
the Constitution of India, which lays down that Courts are not to inquire into
the proceedings of the Legislature, the proceedings of the said Committee
therefore, are covered under the said Article and as such the Committee
cannot be made party to the proceedings. Moreover, it has been argued that
no relief has been claimed against the Committee, which has only made its
recommendations and it was open to the concerned PSUs to take appropriate
steps.
4. Ms. B.F.Kharwanlang, learned counsel for the petitioners has
vehemently resisted this argument and submits that the genesis of the denial
of benefits to the writ petitioners was from the recommendation that had
been made by the PSU Committee. She has also placed a decision of the
Hon’ble Supreme Court in the case of Dr. Sunil Kumar Singh vrs. Bihar
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Legislative Council (Through Secretary) & Ors. reported in (2025) SCC
Online 439 which concerns the Ethics Committee of the Bihar Legislative
Council, and submits that in the instant case itself, the Ethics Committee had
sought shelter of Article 212, which however was distinguished by the
Hon’ble Supreme Court that protection under Article 212 operates only in
respect of proceedings of the Legislature on the grounds of procedural
irregularities. Further, it is submitted that the judgment has also
distinguished between what constitutes proceedings of Legislature and what
is a legislative decision. She further submits that in the instant case, the same
will not come within the meaning of proceedings of the house as the
recommendation on examination of the report of CAG by the Committee
has resulted in an affirmative recommendation for discontinuance of the
staff retirement benefits, additional retirement benefits and encashment of
commuted leave.
5. This Court on hearing the respective parties and on examination of
the pleadings as presented, though no relief is claimed against the said
respondent No. 12 which is the Committee, but due to the opaque nature on
which the said recommendation had been arrived at and acted upon
accordingly rejects the application for striking of the respondent No. 12.
Matter to proceed accordingly.
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6. Misc. case stands disposed of.
Judge
Signature Not Verified 8
Digitally signed by
SAMANTHA ANNA LIYA
RYNJAH
Date: 2026.02.19 18:34:41 IST
