Gunabati Kangabam vs State Of Manipur; & 2 Ors on 5 March, 2025

Manipur High Court

Gunabati Kangabam vs State Of Manipur; & 2 Ors on 5 March, 2025

Author: Ahanthem Bimol Singh

Bench: Ahanthem Bimol Singh

        Digitally signed
KABORA by
       KABORAMBAM
MBAM SAPANA
       CHANU                                                                              Supl. Item No. 1
SAPANA Date:
       2025.03.05
CHANU 14:46:38
        +05'30'
                                         IN THE HIGH COURT OF MANIPUR
                                                   AT IMPHAL
                                               WP (C) No. 183 of 2025 With
                                               MC (WP (C)) No. 179 of 2025

                                  Gunabati Kangabam
                                                                                  Petitioner
                                                      Vs.
                                  State of Manipur; & 2 Ors.
                                                                                Respondents

BEFORE
HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH
05.03.2025

Heard Mr. K. Roshan, learned counsel appearing for the petitioner.

Issue notice upon respondents No. 1, 2 & 3 only, returnable within

3 weeks.

Mrs. L. Monomala, learned GA entered appearance and accepts

notice on behalf of the respondents No. 1 & 2, hence, no formal notice is

called for in respect of the said respondents.

Petitioner is to take steps for service of notice upon respondent No.

3 by way of speed post service.

Steps should be taken within 1 week and the petitioner is to file an

affidavit showing proof of service of such notice.

The case of the petitioner is that by an order dated 15.03.2024

issued by the Deputy Secretary (Fishery), Government of Manipur, the

transfer and posting of the petitioner was effected as i/c District Fishery

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Officer (DFO), Imphal West and Drawing and Disbursing Officer (DDO),

Imphal West with immediate effect and until further orders in public

interest.

Subsequent to the said transfer and posting, the petitioner has

been discharging her duties as in-charge District Fishery Officer, Imphal

West diligently and to the satisfaction of the authorities. However, even

before the petitioner completed 1 year in the said capacity, the Deputy

Secretary (Fishery), Government of Manipur, issued the impugned order

dated 03.03.2025 effecting inter-transfer and posting of the petitioner

and the respondent No. 3. By the said order, the petitioner has been

transferred out in the District Fishery Office Bishnupur as Fishery Officer

and in her place the respondent No. 3 has been transferred and posted

as in-charge Project Officer, which is synonymous with District Fishery

Officer, Imphal West.

According to the petitioner, such transfer and posting has been

effected without any reason and not in public interest and that such

transfer and posting has been effected in complete violation of the

transfer policy framed by the Government under its notification dated

12.05.2022, more particularly the general conditions No. I and II of the

said notification. Under the said general conditions No. I and II, it is, inter-

alia, provided that normal tenure of posting of an officer/employee in a

post will be a minimum of 1 year and 6 months and maximum of 3 years

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and that not transfer should be effected unless the concerned employees

has completed 1 year and 6 months in a post unless there are compelling

reasons/circumstances to do so.

Mr. K. Roshan, learned counsel appearing for the petitioner

vehemently submitted that no reason whatsoever has been given by the

authorities in effecting the said impugned transfer order and that the

authorities issued the said transfer order in colourable exercise of power

only to accommodate the respondent No. 3 in place of the petitioner. The

learned counsel further submitted that no handing or taking over of

charge have been effected between the petitioner and the respondent no.

3 till today and that the petitioner is still holding the post of District Fishery

Officer, Imphal West and as such, the learned counsel prays for passing

an interim order for suspending the impugned transfer order in respect of

the petitioner and respondent No. 3 only.

Mrs. L. Monomala, learned GA appearing for the official

respondents submitted that she may be permitted to get instructions from

the authorities as to whether the petitioner and respondent No. 3 have

taken charge of their new place of posting consequent upon issuance of

impugned transfer order. The learned GA accordingly prays for taking up

this matter on 11.03.2025 for consideration of the prayer for passing

interim order.

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As prayed for by the learned GA, list this case again on 11.03.2025

in the motion column for consideration of the prayer for passing interim

order.

In the meantime, the operation of the impugned order dated

03.03.2025 shall not be given effect to in so far as the petitioner and the

private respondent No. 3 are concerned till the next date of hearing.

JUDGE
Sapana

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