W.P. (C) No. 753 of 2024 Page 1 Item No. 55 IN THE HIGH COURT OF MANIPUR AT IMPHAL W.P. (C) No. 753 of 2024 Central Agricultural University; & Anr. Petitioners Vs. Dr. N. Okendro Singh Respondent BEFORE HON’BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHIHLLU KABUI (ORDER) 17.02.2025 D. Krishnakumar, C.J. : Mr. BP Sahu, learned senior counsel, appears for the petitioners and Ms. Babita Th., learned counsel, appears for the respondent. The present writ petition has been filed by Central Agricultural University, for quashing/setting aside the impugned order dated 16.10.2024 passed in OA No. 340 of 2023 by the Central Administrative Tribunal, Guwahati. By the aforesaid impugned order, the Central Administrative Tribunal, Guwahti, has set aside the the impugned transfer order dated 22.09.2023 as well as Relieving Order. Relevant paras are extracted herein below: “24. From the above, it transpires that vide impugned transfer Order dated 22.09.2023, applicant was shifted away from Imphal in the color of impugned Transfer Order, which in my considered opinion is arbitrary, punitive and is not sustainable in the eyes of law. Since balance of convenience is in favour of the applicant, I, therefore, set aside and quash the impugned Transfer Order No. CAU/Reg/92/TP & WA/96(Vol-II) dated 22.09.2023 as well as impugned Relieving Order No. COA/CAU/PF/14/2013 dated 25.09.2023 (Annexure-A/1 & A/2) respectively. 25. Accordingly, O.A. No. 042/00340/2023 and M.A. No. 042/00170/2023 stand disposed of with no order as to costs.” KABORAMBA M SANDEEP SINGH Digitally signed by KABORAMBAM SANDEEP SINGH Date: 2025.02.19 14:30:15 +05'30' W.P. (C) No. 753 of 2024 Page 2 According to the learned senior counsel appearing for the petitioners, the Registrar, Central Agricultural University, Imphal, issued the impugned transfer order dated 22.09.2023 transferring the respondent herein from CAU Imphal to the College of Post Graduate Sciences in Agricultural Science, Barapani, Meghalaya. The said order is challenged by the respondent herein in the aforesaid O.A. before the Central Administrative Tribunal, Guwahati, and the same was allowed by the Tribunal setting aside the impugned transfer order vide impugned order dated 16.10.2024. Aggrieved by the said impugned order, the petitioners have filed the present writ petition before this Court by raising the ground that the transfer order was issued as a part of the regular administrative act and are totally in the public interest. Therefore, interfering the said order by the Tribunal is totally unwarranted and therefore the present writ petition has been filed before this Court. Ms. Babita Th., learned counsel for the respondent, has contended that although the respondent had served for more than 10 years of service at Imphal is sufficient enough to transfer him to any other place as per administrative and academic convenience, but similarly placed members who were stationed at Imphal for more than 30 years were not considered for such transfers. However, the respondent alone was transferred in the public interest. Learned counsel for the petitioner department further states that the transfer order was passed in the interest of public and therefore, it is contended that the order of the Tribunal is perfectly valid and states that it is for the authority concerned to take appropriate decision for transfer of the employees. They have no legal right to challenge the transfer order. Except the above, the petitioner department has not made any other ground to interfere with the order passed by the Tribunal. W.P. (C) No. 753 of 2024 Page 3 The second ground raised by the respondent is that the transfer order is not passed by the competent authority. On reading of the impugned transfer order, it clearly discloses that the order is passed by the Registrar and the Relieving order is passed by the Dean, therefore, there is no illegality or any infirmity in the said transfer order passed by the competent authority. In the circumstance, this Court is of the view that the authority issued the impugned transfer order in the interest of public, which brings stigma on the respondent, therefore, the authority concerned is directed to consider afresh and take appropriate decision, if any, requires for transfer of the respondent. It is an admitted fact that the respondent herein has not joined the service till today. Therefore, the respondent is at liberty to work out his remedy by making a representation to the authority concerned, regarding the monetary benefits, if any, payable to him, and the authority concerned is directed to consider the same, if otherwise eligible, as expeditiously as possible. With the above observation, the present writ petition is disposed of. JUDGE CHIEF JUSTICE Sandeep