Roshnichand Tourangbam vs State Of Manipur & Ors
2023 Latest Caselaw 161 Mani

Citation : 2023 Latest Caselaw 161 Mani
Judgement Date : 12 April, 2023

Manipur High Court

Roshnichand Tourangbam vs State Of Manipur & Ors on 12 April, 2023

SHOUGRA Digitally signed by                                                        Suppl. 2 IN. 1
         SHOUGRAKPAM
KPAM     DEVANANDA
DEVANAN SINGH
         Date: 2023.04.12
DA SINGH 17:21:45 +05'30'       IN THE HIGH COURT OF MANIPUR
                                             AT IMPHAL
        WP(C) No. 334 of 2023
        Roshnichand Tourangbam                               ... Petitioner
              Vs.
        State of Manipur & ors.                              ... Respondents

B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

12-04-2023 Heard Mr. H.S. Paonam, learned senior counsel assisted by Ms. Malemleima, learned counsel appearing for the petitioner.

Issue notice, returnable within three weeks.

Mr. A. Vashum, learned GA entered appearance and accepts notice on behalf of respondents No. 1 and 2, hence no formal notice is called for in respect of the said respondents.

Petitioner is directed to take steps for service of notice upon respondents No. 3 and 4 by speed post within one week.

Petitioner is directed to file an affidavit showing proof of service of such notice.

It has been submitted by the learned senior counsel appearing for the petitioner that pursuant to the promotion given to the petitioner to the post of CDPO on 09-03-2022, she was posted as CDPO, Imphal City, ICDS Project vide order dated 24-03-2022. Just about seven months thereafter, the authorities issued an order dated 13-10-2022 thereby transferring the petitioner as CDPO, ICDS Project, Mao-Maram. Pursuant to the said transfer order, the petitioner duly joined her new place of posting. However, quite surprisingly, the authorities issued another order dated 28-03-2023 thereby transferring the petitioner again as CDPO, ICDS Project, Imphal West - I (Lamshang) and the petitioner duly joined her new place of posting and she was discharging her duties as the CDPO, Imphal West - I (Lamshang). Just about fifteen days thereafter, the petitioner is subjected to another transfer vide order dated 11-04-2023 and by the said

order, she had been transferred again as CDPO, ICDS Project, Purul. Being aggrieved, the petitioner approached this Court by filing the present writ petition assailing the latest transfer order.

The learned senior counsel appearing for the petitioner submitted that the petitioner has been subjected to frequent transfer and that too without giving any reasonable cause and that the impugned transfer order has been issued in complete violation of the transfer policy issued by the Government in its Notification dated 12-05-2022.

It has been vehemently submitted that subsequent transfer order had been issued by the authorities only to accommodate the private respondent No. 3 and in colourable exercise of power. It has also been submitted that the frequent transfer has cause grave hardship to the petitioner as well as her dependant family members. The learned counsel, accordingly, prays for passing an interim order for suspending the impugned transfer order dated 11-04-2023.

Mr. A. Vashum, leaned GA appearing for the official respondents draw the attention of this court to para 5 of the Notification dated 12-05-2022 and submitted that under para 5 of the said Notification, the power of relaxation has been given to the authorities with prior approval of the Chief Minister and the learned GA, accordingly, submitted that he may be given some time to get instruction as to whether such prior approval of the Chief Minister have been obtained prior to issuing the transfer order. The learned GA further cited the judgment rendered by the Hon'ble Apex Court in the case of S.C. Saxena Vs. Union of India, reported in (2006) 9 SCC 583 and submitted that the present petition has been filed in contravention of the principle laid down by the Hon'ble Apex Court in the said judgment.

As prayed for by the learned GA, let this case be listed again on 20-04-2023 for consideration of the prayer for passing interim order.

The argument advanced by the learned GA will be considered on the next date.

After hearing the submissions advanced by the learned counsel appearing for the parties, this Court is of the tentative view that the petitioner has been able to make a prima facie case for passing interim order.

Accordingly, as an interim measure and till the next date, it is hereby ordered that the impugned transfer order dated 11-04-2023 shall remain suspended.

JUDGE Devananda