. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.11689 of 2025 Subodh Kumar Sarangi ..... Petitioner Mr. S. Das, Adv. -versus- Collector, Ganjam & Another ..... Opp. Parties Mr. A. Tripathy, AGA CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 19.09.2025 Order No.1 1. This matter is taken up through hybrid mode. 2. On the oral prayer made by the learned counsel appearing for the Petitioner, he is permitted to implead the State represented by the Department of Women and Child Development as Opp. Party No.3 in Court. 3. Heard learned counsel appearing for the parties. 4. The present Writ Petition was initially filed challenging order dt. 19.04.2025 so issued by Opp. Party No.2 under Annexure-2. Vide the said order, Petitioner was transferred from District Child Protection Unit, Ganjam to district Child Protection Unit, Nuapada. 5. Since a plea has been taken in the Writ Petition that Opp. Party No.2 is not competent to pass such an order of . transfer and it is only the Collector-Opp. Party No.1 who is competent, this Court passed an interim order on 06.05.2025 inter alia directing that no coercive action be taken against the Petitioner till the next date. This Court further directed learned Addl. Govt. Advocate to obtain instruction with regard to the competency of Opp. Party No.2 to put the Petitioner under transfer. It is further contended that on the face of such interim order passed by this Court on 06.05.2025, Opp. Party No.2 once again put the Petitioner under transfer to Bhubaneswar in modification of earlier order passed on 19.04.2025. 5.1. Learned counsel appearing for the Petitioner vehemently contended that on the face of the interim order passed by this Court on 06.05.2025, no further order could have been passed by Opp. Party No.2 on 01.09.2025, in supercession of the earlier order passed on 19.04.2025. 5.2. It is further contended that since the Collector is the appointing authority of the Petitioner, Opp. Party No.2 is not competent to put the Petitioner under transfer either to Nuapada or to Bhubaneswar vide order dt.19.04.2025 and subsequently vide order dt.01.09.2025. It is accordingly contended that the order of transfer passed under Annexure-2 and subsequent order passed on 01.09.2025 so enclosed to I.A. No.15272 of 2025, are not sustainable in the eye of law and requires interference of this Court. 6. Basing on the instruction, learned Addl. Govt. Advocate contended that in terms of the provisions contained under . Para-5.10.1 of the Scheme so floated by the Government in the Department of Women and Child Development contended that Director is competent to pass such an order of transfer. Para 5.10.1 of the guideline reads as follows: 5.10.1. Director Commissioner Child Protection: He/she shall function as the administrative head of the Society at the State level and shall be responsible for management, supervision and monitoring of the overall functioning of the Society as well as the implementation of the ICPS. He/she shall supervise the work of the State Child Protection Society, the State Adoption Resource Agency (SARA) and all the District Child Protection Societies (DCPSs) of the State/UT Director/Commissioner shall be responsible for ensuring effective implementation of ICPS and other child protection policies and programmes at the State, district and local levels with the assistance of all personnel of the SCPS. The Director/Commissioner child protection shall ensure timely release of funds to concerned agencies/organizations implementing ICPS and other child protection programme at state and district levels. He/she shall also supervise and monitor utilization of funds allocated under ICPS. 6.1. It is also contended that since Petitioner is continuing at Ganjam for last 13 years and Director-Opp. Party No.2 is competent to pass the order of transfer, no illegality or irregularity can be found with the impugned order. However, it is fairly contended that on the face of the interim order passed by this Court on 06.05.2025, no further order could have been passed by Opp. Party No.2 on 01.09.2025. 7. Having heard learned counsel appearing for the parties, considering the submission made and taking into account the . stand taken in the Writ Petition vis-à-vis the stand of the learned Addl. Govt. Advocate, it is the view of this Court that competency of Opp. Party No.2 with regard to putting the Petitioner under transfer be considered and decided by Opp. Party No.3 with passing of a reasoned order. 7.1. It is observed that if any such application will be moved before Opp. Party No.3 within a period of seven (7) days hence, Opp. Party No.3 shall take a lawful decision on the same on or before 17.10.2025. 7.2. Till 17.10.2025, interim order passed by this Court on 06.05.2025 shall remain in force. 7.3. The Writ Petition accordingly stands disposed of. ( Biraja Prasanna Satapathy) Judge sangita