Sunitha Raj v. Union Of India And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WP.CT/14/2024 Sunitha Raj Vs.

The Union of India and others Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the petitioner Mr.Dibesh Dwivedi ... for the respondents [on behalf of Mr.S.Chakraborty] February 7, 2024 [SR] Item No.5 The petitioner seeks stay of an order passed by the Tribunal on 31st January, 2024 against an order passed by the Assistant Director (Admn) on 12th January, 2024 by which the Tribunal refused to grant any interim protection to the petitioner. The petitioner approached the Tribunal from an order of release dated 12.01.2024 whereby the petitioner was relieved of her post at G.B.Pant Hospital, Port Blair with effect from 31st January, 2024.

The order of release was passed on the petitioner's application against an order of transfer of the petitioner to serve in Shaheed Dweep/Neil Island.

Learned counsel appearing for the petitioner submits that the order of release dated 12th January, 2024 would render the petitioner's original application, challenging the transfer policy of the Administration, infructuous. Counsel submits that affidavits are complete in that original application.

Learned counsel appearing for the respondents submits that there is no scope of interference against an order of transfer unless the same is found to be arbitrary. The impugned order of the Tribunal dated 31st January, 2024 refusing interim relief, records that the petitioner intends to prefer her leave application before the Competent Authority. The Tribunal gave liberty to the petitioner to take necessary steps.

We are of the view that granting any interim protection to the petitioner at this stage would amount to an interference with the order of release which reflects the basis of the order of release.

We are hence not inclined to interfere with the order of release dated 12th January, 2024 or the order of the Tribunal dated 31st January, 2024 for the above reasons. We however deem it fit to keep the petitioner's challenge the transfer policy alive for consideration of the Tribunal.

We request the Tribunal to consider the original application filed by the petitioner in the coming week, preferably on 12th February, 2024.

WP.CT/14/2024 is accordingly dismissed for the above reasons.

Parties to act on a server copy of this order duly downloaded from the official website of the Hon'ble High Court at Calcutta.

( Moushumi Bhattacharya, J. ) ( Hiranmay Bhattacharyya, J. )