Chewang Namgyal Bhutia vs State Of Sikkim And Others

Meenakshi Madan Rai, J

On Mention Memo being filed by the Petitioner on 13-03-2023, the matter is taken up today.

I.A. No.01 of 2023 is an application filed by the Petitioner on 06-03-2023 supported by an Affidavit seeking the interim relief of stay of his transfer from the Information Technology Department to the Police Department, Headquarters at Gangtok.

It is submitted by Learned Senior Counsel for the Petitioner that the Secretary to the Respondent No.3 Department has transferred the Petitioner to the Police Department from the Department of Information Technology, vide Order dated 28-02-2023. Learned Senior Counsel for the Petitioner while admitting that transfer is not necessarily punitive, at the same time contends that the vindictiveness exhibited by the Secretary to the Respondent No.3 Department indicates that the transfer of the Petitioner was made for extraneous considerations owing to the Writ Petition filed by the Petitioner against the Respondents including the Respondent No.3 Department before this Court. That, the hostile attitude of the Secretary to the Respondent No.3 Department is evident from the fact that even the casual leave application of the Petitioner bore the endorsement enquiring as to “under what Rule has this application made” (sic). On 04-03-2023, „Relieving‟ Order was issued by the Respondent No.3 Department despite the fact that the Petitioner was on medical leave from 03-03-2023. That, the Petitioner on his „Whatsapp‟ number learnt that he has been issued the Order. That, in view of the said circumstances, this Court may stay the execution of the Office Order bearing No.1092/G/DOP, dated 28-02-2023 and Office Order bearing Ref. No.119/DIT/2023, dated 04-03-2023, till disposal of the Writ Petition.

Learned Government Advocate, on the other hand, refuting the allegations contended that the transfer Order was not issued by the Secretary of the Respondent No.3 Department, but by the Respondent No.2, the Department of Personnel. That, it is not only the Petitioner, but two other persons were also issued transfer Orders on the same date. That, transfer of the Petitioner was not punitive, but was a routine transfer and all Government servants are bound by the Sikkim Government Service Rules to comply with such orders. It is further submitted that, the Petitioner has not filed any document to substantiate his claim of medical leave from 03-03-2023, although documents pertaining to medical treatment of the Petitioner have been annexed to the Petition.

I have considered the rival submissions of the parties and perused the Petition and documents annexed thereto. I am constrained to record that the Petitioner being a Government servant is bound by the Sikkim Government Service Rules and has to abide by the orders of transfer to any other Department or for that matter any order of transfer even to any other District of the State and any other Department therein.

In such circumstances, I am of the considered opinion that there is no merit in the instant Petition which deserves to be and is accordingly dismissed.

Matter shall be taken up on the date previously fixed, i.e., 27-03-2023.