Akg vs Ct. 238 Bidhan Chandra Krishi ...
2023 Latest Caselaw 2402 Cal

34   10-04-2023                            WPA 8275 of 2023
                        Dr. Srabani Debnath @ Dr. Srabani Debnath Pramanick
      AKG                                           Vs.
     Ct. 238                  Bidhan Chandra Krishi Viswavidyalaya & Anr.

                        Mr. Ranajit Chatterjee,
                        Mr. Aniruddha Mitra
                                                           ...for the Petitioner
                        Mr. Prabir Dasgupta,
                        Mr. Suman Dey
                                                                 ...for B.C.K.V.


                        Let the affidavit of service filed by the petitioner be

                  kept with the records.

                        It is the grievance of the petitioner that by the order

                  impugned    dated    March    30,   2023,     she   has    been

                  transferred as a punitive measure. She was leading a

                  demonstration before the chamber of the Vice-Chancellor

                  on March 29, 2023, to place the demand for an increase

                  in the dearness allowance. She along with the other

                  teachers   were     "threatened,    abused,    insulted    and

                  humiliated by the Vice-Chancellor and his cohorts" when

                  they went to meet the Vice-Chancellor at his chamber.

                  Some of the teachers lodged a complaint with the local

                  police station on the next day to ensure their safety and

                  security in the workplace.

                        Conversely,    the   university   asserts     that    the

                  petitioner's transfer was a purely administrative decision,

                  made in the best interests of the university, to move her

                  from AICRP on fruits to AICRP on Maize.



                        Upon a plain reading of the transfer order, I find no
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apparent issue with the impugned transfer order. The

fact remains that the petitioner has been relocated within

the same university premises, from AICRP on Maize to

AICRP on Fruit. The petitioner has no entitlement to

remain in her former role at AICRP on fruits. The transfer

order    was       within   the   purview    of   the   university's

administrative authority.

        An order of transfer should not be likely interfered

with.

        The question of punitive transfer cannot be decided

without allowing the university to deal with the factual

allegations made in this writ petition. The parties have

not been permitted to cite any judgment at this stage.

        It is imperative to recognise that the petitioner had

no inherent right to engage in demonstrations during her

working hours particularly while being remunerated from

public funds for her designated responsibilities. Any

legitimate     grievances     should   be    expressed     through

appropriate channels and procedures, without impeding

the performance of assigned duties.

        Let the affidavit in opposition be filed by the

respondents within four weeks from date; reply thereto, if

any, may be filed by the petitioner within two weeks

thereafter.

List this matter after six weeks under the same

heading.

(Kausik Chanda, J.)