SAUDAMINI MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner in this Writ Petition challenges the Order dated 19.9.2006 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as the 'Tribunal') in OA No. 2015(C) of 2006 as illegal, arbitrary and erroneous.

(2.) THE Petitioner's case in short is as follows; Petitioner was appointed as Supervisor ICDS Project in the year 1986 and posted at Cuttack Sadar ICDS Project and was promoted to the post of CDPO in the year 1992. While Petitioner was continuing as such, she was suspended on 7.3.2003 pending drawal of a departmental proceeding. On 27.7.2005 the Government reinstated her in service pending finalization of disciplinary proceeding and posted her as CDPO, Baljguda ICDS Project in the district of Kandhamal. Thereafter Petitioner filed a representation to modify the order of reinstatement. On consideration of her representation, the Order dated 27.7.2005 was modified on 29.9.2005 and Petitioner was transferred and posted as CDPO, Badamba ICDS Project. She submitted her joining report on 4.10.2005 before the Sub -Collector, Athagarh but one Kumudini Sahu, CDPO, Badamba challenged the aforesaid order of transfer in OA No. 1968(C) of 2005 before the Tribunal and obtained a stay order on 10.10.2005. Due to the said stay order, the order of transfer could not be implemented. Therefore, the order of transfer of the Petitioner was cancelled by Order dated 20.10.2005 and the earlier transfer Order dated 27.7.2005 was restored as a result of which Petitioner was posted at Baliguda again. Being aggrieved by the said order, Petitioner challenged the same in OA No. 2073(C) of 2005. On 28.10.2005 the Tribunal disposed of the original application with a direction that if the post of CDPO, Raghunathpur in the district of Jagatsinghpur falls vacant, the Petitioner may be adjusted at Raghunathpur and in pursuance of the said order of the Tribunal, Petitioner was posted at Mahakalapada ICDS Project on 16.12.2005.

(3.) WHILE the matter stood thus, Opposite Party No. 5 in order to get rid of the accusation made against the Petitioner tried her level best by influencing Opposite Party No. 1 to be posted at Mahakalapada and ultimately Opposite Party No. 5 was succeeded and posted at Mahakalapada by disturbing the Petitioner even though she had not completed a period of one month in the said post. A transfer order was passed on 7.9.2006 and the Petitioner was posted at Marsaghai ICDS Project in place of Opposite Party No. 5. The said order of transfer is a clear case of accommodation and tainted with mala fide. Petitioner challenged the said order before the Tribunal in OA No. 2015(C) of 2006 on the above ground and after hearing the parties, the Tribunal disposed of the same on 19.9.2006 with the observation that since the applicant has already been relieved and her reliever has already joined there subsists no material for adjudication. Thus we do not interfere into the order of transfer. She may make a representation to the Respondents raising the contention she has raised in the application.