THOKCHOM VIKRAMJIT SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri M. Devananda, the learned Advocate appearing for the petitioner; Shri N. Kumarjit, the learned Advocate General, Manipur assisted by Shri P. Tamphamani, the learned counsel appearing for the State respondents and Shri E. Premjit, the learned Advocate with Shri N. Jotendro, the learned Sr. Advocate appearing for the private respondent.

(2.) The order of transfer and posting dated 30-01-2018 issued by the Joint Secretary (DP), Government of Manipur is under challenge in this writ petition.

(3.) The facts of the case as narrated in the writ petition are that the petitioner was initially appointed as MPS Grade-II in the year 2007 and after having served for more than seven years as MPS Grade-II, he was promoted to the post of MPS Grade-I in the year 2014. During the period from 2007 to 2014, the petitioner was posted at many places, both in the valley and in the hills. On 28-11-2016 the petitioner while serving as the Additional Superintendent of Police (Ops.), Imphal West, was transferred as the Commandant (i/c), 2nd Bn. Manipur Rifles and after having served for about six months, he was transferred as the Superintendent of Police, Jiribam vide order dated 23-05-2017 issued by the Deputy Secretary (DP), Government of Manipur and after having served hardly a one month therefrom, he was transferred as the Commandant, 3rd Indian Reserve Battalion vide order dated 19-06-2017 issued by the Deputy Secretary (DP), Government of Manipur. After about seven months, the petitioner was again transferred as the Superintendent of Police (i/c), Railway vide impugned order dated 30-01-2018 issued by the Joint Secretary (DP), Government of Manipur. Being aggrieved by it, the petitioner submitted a representation dated 31-01-2018 to the Chief Secretary (DP), Government of Manipur for reviewing/ cancelling the transfer order on the ground that he has been subjected to frequent transfer with a malafide intention and that too, without assigning any reason thereof. Since the impugned order being given immediate effect, the petitioner approached this court by way of the present writ petition to quash and set aside the impugned order dated 30-01-2018 without awaiting the outcome of the said representation.