Manipur High Court
Laishram Muhinikumar Singh vs State Of Manipur & 3 Ors on 22 December, 2021
KABORAMBAM
SAPANA CHANU
Digitally signed by
KABORAMBAM SAPANA
CHANU
Item No. 23
Date: 2021.12.22 14:34:39
+05'30'
(Through video conferencing)
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 854 of 2021
Laishram Muhinikumar Singh
.... Petitioner/s
- Versus -
State of Manipur & 3 Ors.
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
22.12.2021
Heard Mr. M. Hemchandra, learned senior counsel appearing for the
petitioner, Mr. S. Nepolean, learned GA appearing for the respondents No. 1,
2 & 3 and Mr. I. Lalitkumar, learned senior counsel appearing for the
respondent No. 4.
[2] After the argument on behalf of the petitioner has been advanced, Mr.
S. Nepolean, learned GA appearing for the respondents No. 1-3 draws the
attention of this Court to the Judgment rendered by the Hon'ble Apex Court in
the case of "SC Saxena vs. Union of India" reported in (2006) 9 SCC 583,
wherein, the Hon'ble Apex Court held that a Government servant cannot
disobey a transfer order by not reporting at the place of posting and then go to
a Court to ventilate his grievances and that it is his duty to first report for work
where he is transferred and make a representation as to what may be his
personal problems. The Hon'be Apex Court further held that the tendency of
not reporting at the place of posting and indulging in litigation needs to be
curved. By relying on the aforesaid principle laid down by the Hon'ble Apex
Court, it has been further submitted by the learned GA that in the present case
the petitioner submitted a representation dated 24.11.2021 to the respondents
No. 1, 2 & 3 raising all his grievances against the impugned transfer order dated
22.11.2021 and just on the next day, i.e., on 25.11.2021, the petitioner filed the
present writ petition and obtained an interim order from this Court on
26.11.2021 staying the operation of the impugned transfer order. It has been
submitted that in view of the above facts, the authorities have no chance to
consider the representation submitted by the petitioner. The learned GA further
submitted that instead of deciding the present writ petition on merit, it will be
appropriate to let the concerned authorities consider the said representation
submitted by the petitioner and took a decision.
In view of the principle laid down by the Hon'ble Apex Court in the case
of SC Saxena (Supra), both the counsel appearing for the petitioner as well as
respondent No. 4 submitted that the present writ petition can be disposed of as
submitted by the ld. Government Advocate.
[3] Mr. I. Lalitkumar, learned senior counsel appearing for the respondent
No. 4 submitted that prior to passing of the interim order by this Court the
respondent No 4 had already joined his new place of posting and he is
rendering his service thereto. It has also been pointed out by the learned senior
counsel that the interim order passed earlier by this Court has not been
extended after 20.12.2021. On the other hand, Mr. M. Hemchandra, learned
senior counsel appearing for the petitioner submitted that the earlier interim
order passed by this Court was not extended by this Court on 21.12.2021 due
to oversight and that this Court can extend the earlier interim order pending
consideration and disposal of the representation submitted by the petitioner.
[4] In view of the submission made by the learned counsel appearing for
the parties, this Court is of the considered view that the present writ petition can
be disposed of with the following directions:-
I. The respondent No. 1 is directed to consider and dispose of
the representation dated 24.11.2021 submitted by the
petitioner by issuing a speaking order within a period of 2
(two) weeks from today;
II. Pending consideration and disposal of the said
representation, the earlier interim order dated 26.11.2021
passed by this Court shall remain effective.
With the aforesaid directions, the present writ petition is disposed of.
A copy of this order be furnished to all the counsel appearing for the
parties through their whatsapp/e-mail during the course of the day.
JUDGE
Sapana
