The suspension order mentioned serious negligence and dereliction of duty, lack to maintain absolute integrity; and lack of the highest/higher degree of professionalism and dedication as circumstances leading to suspension
A day after a Special NIA court order granting default bail to Mark T Haokip for filing an incomplete chargesheet left the Manipur government red-faced, the special public prosecutor, who represented the state government in the case hearing, has been placed under suspension with immediate effect.
An order issued by Manipur government’s Deputy Secretary (Law) Henry Alemo Francis on Wednesday (March 29) said a disciplinary proceeding is contemplated against Angom Nilachandra Singh, Public Prosecutor (District)-cum- Govt. Advocate (District), Manipur.
“Now, therefore, the Governor of Manipur, in exercise of the powers conferred by sub-rule (1) of rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, hereby placed Angom Nilachandra Singh under suspension with immediate effect,” said the order.
As per the order, serious negligence and dereliction of duty resulting inconsiderable loss to the Government is one of the circumstances in which the order of suspension was made.
The order mentioned that lack to maintain absolute integrity, devotion to duty, non-observation of prescribed guidelines and instructions which amounts to act of unbecoming of a government servant; and lack of highest/higher degree of professionalism and dedication to the best of his ability in the performance and discharge of duties are other circumstances for the action.
During the period that the order shall remain in force, the headquarters of Angom Nilachandra Singh should be Manipur and he shall not leave the headquarters without obtaining the prior permission of the Deputy Secretary (Law), the government of Manipur, said the order.
The special NIA court granted default bail to Mark T Haokip, who has been in jail for over 10 months for his alleged conspiracy to secede from India and to wage war against the nation as the chargesheet filed by the state government was found incomplete.
During the hearing, the special public prosecutor submitted that the previous chargesheet was under Sections 120-B/121/121-A/123/400/511 IPC& Sec. 17/18 UA(P)Act. Sanctions for cognizance were required for the offences 120-B/121/121-A/123 and Sec.17/18 UA(P)Act and not required for Sec.400 IPC. The court took cognizance of the case and there is no question for default bail even if presuming that cognizance taken under Sections 120-B/121/121-A/123/511 IPC & Sec. 17/18 UA(P)Act was not good, he argued.
However, Special Judge (NIA), Imphal West RK Memcha Devi held that the first Charge-Sheet was an incomplete Charge-Sheet and as the accused has been in custody for more than the statutory period, the accused is entitled to default bail.
“The charge- sheet was in a way not complete for want of Sanctions for other offences but not for Sec 400 IPC. However, as no cognizance was also taken under Sec.400 PC, it may be impliedly presumed that no cognizance was taken under Sec.400 IPC also. It is also to mention here that by way of filing Supplementary Charge- Sheet enclosing due Sanctions, there is no issue of taking cognizance of the offences. The stage in the main case thus would be of charge consideration,” she maintained.
She granted default bail to Mark T Haokip, who was accused of conspiracy for secession from India and waging war against the nation. He was allowed to go bail on his furnishing a P.R. Bond of Rs 2 lakh with two sureties (Gazetted Officer) of the like amount.