Manipur High Court
Anjali Chongtham vs Wahengbam Joykumar Singh & Anr on 9 March, 2026
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Suppl.-2 Item Nos. 1-2
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 186 of 2026
Anjali Chongtham.
...Petitioner
- Versus -
Wahengbam Joykumar Singh & Anr.
...Respondents
With
MC(WP(C)) No. 191 of 2026
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
09-03-2026
[1] These matters are taken up on mentioning due to urgency
involved as supplementary-2.
[2] Heard Mr. S. Nepolean, learned senior counsel and learned
Government Advocate assisted by Mr. Y. Robert, learned Dy. Government
Advocate on behalf of the petitioner who is SPIO/Joint Secretary (Education-
S), Government of Manipur.
[3] By the present petition, the petitioner is aggrieved by the
order/decision dated 10-02-2026 passed by the Manipur Information
Commission in Appeal Case No. 119 of 2025 whereby the Commission
issued the following directions to the petitioner herein:–
1. The petitioner shall submit a detailed affidavit by 10-03-2026
explaining the exhaustive steps taken to trace the file relating
to query Nos. (a) and (b);
2. If the file remains untraceable, the SPIO shall initiate
Page 1 of 6
appropriate action under relevant laws and report the status tothe Commission by the next date;
3. The penalty amount of Rs. 5,000/- shall be deducted from the
salary of the SPIO/Joint Secretary (Education-S), Government
of Manipur and deposited in the Government account;
4. The Drawing and Disbursing Officer (DDO), General
Administration Department (GAD), Government of Manipur is
directed to deduct the penalty amount of Rs. 5,000/- from the
salary of the SPIO/Joint Secretary (Education-S) and deposit
in the Government account and furnish proof of deduction and
deposit (Treasury Challan/receipt) to the Commission by 31-
03-2026; and
5. The matter be listed before the Commission on 10-03-2026.
[4] The Appeal Case No. 119 of 2025 before the Manipur Information
Commission arises out of the application dated 30-04-2025 filed by
respondent No. 1 to the Office of the SPIO/Joint Secretary/Under Secretary
(Education-S), Department of Education (S), Government of Manipur
seeking the following information under Section 6(1) of the Right to
Information Act, 2005.
a) Copy of the report of Enquiry Committee (HSLC Examination-
2018) along with action taken report on the recommendation of the
said enquiry report.
b) Copy of the compliance report of the Enquiry Committee (HSLC
Examination-2018).
c) Copy of appointment order of the Secretary of Board of Secondary
Page 2 of 6
Education, Manipur (BOSEM) on deputation since 2017 to till date.
d) Copy of appointment order of the Chairman of Board of Secondary
Education, Manipur (BOSEM) since 2017 to till date.
e) Copy of the removal/suspension/dismissal/termination orders of
the Secretary and the Chairman of BOSEM for the said period as
mentioned in (c) and (d).
f) Whether the Class X passed certificates from National Open
School (NOS) and Uttar Purva Shiksha Board are recognized for
further study and also applicable/valid in the State Government job
recruitment?
[5] Since the information was not furnished in time by the SPIO/Joint
Secretary, Education (S), Government of Manipur, respondent No. 1 filed
First Appeal dated 11-06-2025 under Section 19(1) of the RTI Act, 2005
before the Appellate Authority/Commissioner (Education/S), Government of
Manipur.
[6] The Under Secretary (Education/S), Government of Manipur
furnished information to respondent No. 1 vide letter dated 06-11-2025. In
the information, it is stated that the copy of the report of the Enquiry
Committee (HSLC Examinaton-2018) along with action taken report on the
recommendation of the said enquiry report is not traceable in the
Department and the same could not be furnished to respondent No. 1.
However, copy of appointment orders of the Secretary, BOSEM and the
Chairman, BOSEM on deputation since 2017 to till date were furnished to
the petitioner. Similarly, copy of the removal/suspension/dismissal/
termination orders of the Secretary and the Chairman of BOSEM for the
Page 3 of 6
relevant period were also furnished to respondent No. 1. Regarding the
information about the Class-X examination from National Open School
(NOS) and Uttar Purva Siksha Board, it was stated that no order has been
issued by the Government.
[7] It is stated that respondent No. 1 preferred Appeal Case No. 119
of 2025 before the Manipur Information Commission before furnishing of the
aforesaid information by the letter dated 06-11-2025. Thereafter, on 06-01-
2026, during the course of hearing before the Commission, the Legal Officer
appearing on behalf of the First Appellate Authority and the SPIO, Education
(S), submits that owing to information sought under query Nos. (a) and (b)
could not be provided as the relevant office file is not traceable despite
vigorous search conducted by the Department and regarding the remaining
queries, the Legal Officer appearing on behalf of the FAA and the SPIO
undertook to file a detailed affidavit before the Commission. In the order
dated 06-01-2026, the Commission directed the SPIO, Education (S) to
furnish the remaining/left-out information in respect of query Nos. (c), (d) and
2nd part of query No. (f) within one week and directed the SPIO also to file a
detailed affidavit before the Commission explaining the steps taken to trace
the file relating to query Nos. (a) and (b) and to issue of imposition of penalty
under Section 20 of the RTI Act, 2005 shall be considered on the next date.
On 10-02-2026, the Commission issued the above mentioned four
directions; to inform the steps taken by the SPIO with the status of the
Commission report and also directed to deduct a sum of Rs. 5,000/- from
the salary of the SPIO/Joint Secretary (Education-S), Government of
Manipur. The petitioner is aggrieved by the above directions in the order
Page 4 of 6
dated 10-02-2026 passed by the Commission in Appeal Case No. 119 of
2025 mainly on the ground that since the enquiry report could not be traced
in the Department, the same could not be furnished at present and the same
shall be furnished as and when the file is traced. Learned senior counsel for
the petitioner draws the attention of this Court to the Circular dated 20-02-
2026 issued by the Under Secretary (Education/S), Government of Manipur
informing all the officers/officials of Secretariat Education (S) to check the
Government file bearing No. 39/5/2014-SE(S)BOSEM. It is prayed that the
failure of the appellate authority to furnish the information is due to missing
of file and such information cannot be manufactured by the appellate
authority/Department and the Department is praying for some time to trace
out the file and furnish the information to respondent No. 1. It is submitted
that the decision dated 10-02-2026 passed by the Manipur Information
Commission in Appeal Case No. 119 of 2025 with respect to direction Nos.
(3) and (4) be quashed and set aside and the operation of the impugned
decision dated 10-02-2026 passed in Appeal Case No. 119 of 2025 be
stayed till the disposal of the present writ petition.
[8] Issue notice to the respondents. [9] Petitioner is directed to take steps to respondent Nos. 1 & 2 by
speed post and file an affidavit of proof of service.
[10] Since no final decision has been passed by the Commission in
Appeal Case No. 119 of 2025, this Court is not inclined to stay the whole
proceedings before the Commission. However, with respect to direction
Nos. (3) & (4) of the Commission in the decision dated 10-02-2026 regarding
Page 5 of 6
deduction of penalty amount of Rs. 5,000/- from the salary of the SPIO/Joint
Secretary (Education-S), Government of Manipur are stayed till the next
date.
[11] List these cases on 06-04-2026. [12] Furnish a copy of this order to the learned counsel appearing for
the parties during the course of the day by Whatsapp or any other available
modes.
JUDGE
Victoria
NINGOM Digitally signed by
BAM NINGOMBAM VICTORIA
Date: 2026.03.09 17:28:50
+05'30'
VICTORIA
Page 6 of 6