Anjali Chongtham vs Wahengbam Joykumar Singh & Anr on 9 March, 2026

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    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

    SPONSORED

    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 to

    the 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
    
    
    
    
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