Smti. Deep Kumari v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WP.CT/3/2025 Smti. Deep Kumari Vs.

The Union of India and others Mr. Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty, Sr.Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ...for the respondents January 28, 2025 [SR] Item No.1 1.

The writ petition is taken up for final hearing at the motion stage in presence of learned advocates representing the petitioner and respondents.

2.

In the writ petition, challenge has been laid against the order of transfer dated 7th January, 2025 issued by the Assistant Director (Admn), whereby petitioner was transferred from the post of Publicity Assistant under the Directorate of Information, Publicity and Tourism to the Office of the Deputy Commissioner, North and Middle Andaman, Mayabunder. 3.

It has been contended on behalf of the petitioner that such transfer order is mala fide in the context of pendency of a contempt application being CP/215/2023(Port Blair) before the Central Administrative Tribunal, Kolkata for violation of the order dated 5th July, 2023 passed in original application being OA/1540/2021. According to the petitioner, said original application was preferred for her promotion where on disposal

of the said original application, Tribunal directed the concerned respondent authority to hold DPC within certain time and as a counter blast, the petitioner has been transferred. 4.

Second limb of submission advanced on behalf of the petitioner is violation of the transfer policy dated 30th July, 2007 since clause 7 therein has been violated. According to the petitioner, as per clause 7 of the transfer policy, the transfer order as far as possible is required to be issued during the period from 15th April to 15th June of each year keeping in view of the end of financial/academic year. In the present case, without following the time stipulated in clause 7 of the transfer policy, transfer order has been issued on 7th January, 2025. 5.

Thirdly it has been argued that there is no post available under the Deputy Commissioner, North and Middle Andaman, Mayabunder where the petitioner can be transferred considering the present post held by her i.e. Publicity Assistant. 6.

Mr. Shatadru Chakraborty, learned senior advocate representing the respondents has made submission to defend the impugned transfer order dated 7th January, 2025 based on the order of tribunal dated 15th January, 2025 passed on a connected original application being OA/80/2025(Port Blair). 7.

It is submitted that merely at the application stage an order was passed on 15th January, 2025 and the issue is still kept open which is to be decided after exchange of pleadings. According to the respondents, at this stage, the impugned transfer order may not be interfered with.

8.

We have perused the order of the Tribunal dated 15th January, 2025 which is under challenge along with the impugned transfer order dated 7th January, 2025. Since Tribunal thought it fit to hear out the original application on exchange of pleadings, we find that it would be apt not to express our view finally with regard to legality and validity of the transfer order dated 7th January, 2025.

9.

However, while passing order today prima facie we find no plausible explanation is offered in support of the transfer order dated 7th January, 2025 on the anvil of transfer policy dated 30th July, 2007 and clause 7 as provided therein. It is also found that in pending contempt application being CP/215/2023 alleging violation of the order of the Tribunal dated 5th July, 2023 passed in previous original application, an order was passed by the Tribunal on 10th December, 2024 relating to promotion of the petitioner to higher post. It is contended on behalf of the petitioner that if she is transferred in terms of the transfer order dated 7th January, 2025 in that event her promotional avenue is likely to be sealed in view of non availability of post where petitioner can be promoted under Deputy Commissioner, North and Middle Andaman Mayabunder.

10.

In view of the aforesaid discussion the impugned transfer order dated 7th January, 2025 and consequential order of release, if any, shall remain stayed till final decision to be taken by the Tribunal in the connected original application being

OA/80/2025(Port Blair). The order of the Tribunal dated 15th January, 2025 is modified to the aforesaid extent. 11.

It needs to be recorded herein that our observations relating to the transfer order dated 7th January, 2025 is prima facie and Tribunal will be free to take decision on exchange of pleadings without being influenced by the observations made by us hereinabove. Tribunal is requested to dispose of the original application as expeditiously as possible.

12.

The petitioner shall be allowed to join the post of Publicity Assistant under the Directorate of Information, Publicity and Tourism at Port Blair, by seven days from date. 13.

Hence the present application being WP.CT/3/2025 is disposed of.

14.

Urgent certified copy of this order, if applied for, be supplied to the learned advocate appearing for the parties upon compliance of usual formalities.

(Saugata Bhattacharyya, J.) (Partha Sarathi Chatterjee, J.)