AI Structured Summary
Not yet generated for this judgment
Judgment
H. S. Thangkhiew, J
Heard Mr. H.L. Shangreiso, learned Senior counsel assisted by Ms. A. Kharshiing, learned for the applicant/petitioner with a prayer to stay the impugned transfer order dated 26.11.2021. The learned Senior counsel submits that this petition has been occasioned by the fact that the petitioner who is the President of the North Eastern Electric Power Corporation Employees' Union has been sought to be transferred as a penal measure, inasmuch as, the Union has challenged certain amendments made by the respondent company to the prevalent Discipline & Appeal Rules. He further submits that the transfer order is vitiated and mala fide, inasmuch as, it is not in the normal course of business and prays that in the interim, the impugned transfer order be kept in abeyance.
Mr. V.K. Jindal, learned Senior counsel assisted by Ms. E. Marwein, learned counsel appearing on behalf of the respondent No. 1 to 4, submits that the person to whom mala fide has been alleged, (Respondent No. 5) is not the controlling authority, and in fact he has no role play in the transfer of the petitioner from Guwahati to the project site at Arunachal Pradesh. He therefore, submits that no interim order is called for at this stage as the petitioner's representation is yet to be decided, and moreover, he has been released from the present place of posting.
I have heard learned counsel for the parties.
On examination of the materials on record, it appears that the petitioner is the President of the Trade Union as stated, which has also approached this Court by way of WP(C) No. 367 of 2021, challenging the newly inserted sub-rule (iii) of Rule 8 of the North Eastern Electric Power Corporation (NEEPCO) Conduct, Discipline And Appeal Rules, 1980, which relates to the Membership of the Trade Union, and it is also noted that the matter is pending adjudication before this Court.
Normally, in the usual course, transfer orders are not interfered with by Courts, unless the transfer appears to have been made arbitrarily as a form of punishment or is vitiated by mala fide. In the instant case, prima facie it appears that the transfer has been based on other considerations besides the normal course of business, and as such an interim order is called for at this stage.
Accordingly, the impugned order dated 26.11.2021 (Annexure-9) shall not be given effect to until the next date, so far as it relates to the writ petitioner. Liberty is given to the respondents to file an application for modification and alteration of the order, if so advised.
The instant Misc. Case stands disposed of.