DAVID TULZATHANG Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE petitioner, in this writ application, challenges the legality of the order dated 2.8.2014 in Annexure -A/5 in which he has been transferred and posted as in -charge Joint Director (Planning) in the Directorate of Education (S), Manipur as well as for quashing Annexure -A/10 dated 8.8.2014 in which the respondent No. 4 has been allowed to function as in -charge Z.E.O. Zone -III, Thoubal.

(2.) BRIEF facts of the case are that the petitioner, while working as Z.E.O., Churachandpur, was transferred as ZEO Zone III, Thoubal by an order dt. 3.3.2014 in Annexure -A/3. By the impugned order in Annexure -A/5 the petitioner was transferred and posted as in -charge Joint Director (Planning) in the Directorate of Education(S), Govt. of Manipur. When the order of transfer was passed on 3.3.14 transferring the petitioner from the post of ZEO Churachandpur to the post of ZEO Zone III, Thoubal, 6(six) other officers were also transferred along with the petitioner. One Kh. Amuba Singh, who was working as in -charge ZEO, Kakching, had been allowed to remain in -charge to the post of ZEO, Thoubal by the order dated 18.1.2013. When the petitioner was posted as ZEO, Thoubal, the said Kh. Amuba filed W.P. (C) No. 313 of 2014 challenging the order dt. 3.3.14 in which the petitioner had been transferred and posted as ZEO Zone -III, Thoubal.

(3.) MR . Kh. Mani, learned counsel appearing for the respondent No. 4 submitted that an order of transfer can be challenged either on ground of mala fide or on ground of contravention of any statutory rules. Merely because Minister, Education directed for transfer of the petitioner to the post of Joint Director in -charge does not necessarily mean that the said order was tainted with mala fide. It was also contended that continuance of the respondent No. 4 as in -charge ZEO Zone -III, Thoubal cannot be challenged by the petitioner on the ground that he was ineligible for the post of ZEO since the said respondent No. 4 has been discharging his duties as in -charge ZEO for more than 6(six) years by now.