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2022 Supreme(Megh) 270

H. S. THANGKHIEW
Poresh Kumar Nath – Appellant
Versus
North Eastern Electric Power Corporation Limited (Government of India Enterprise) – Respondent


Advocates appeared:
Mr. H.L.Shangreiso, Sr. Adv. with Ms. A.Kharshiing, Advocate, for the Petitioner; Mr. V.K.Jindal, Sr. Adv. with Ms. E.Marwein, Advocate, for the Respondent

JUDGMENT

1. The petitioner before this Court is serving as a Supervisor (Design) in the establishment of the respondent North Eastern Electric Power Corporation Limited (NEEPCO) and is aggrieved with the impugned transfer order dated 26-11-2021 which had been issued by the respondent No.4. The reasons for assailing the transfer order are that the same had been made in a colourable and malafide exercise of power by the respondents in view of the fact that the writ petitioner is a trade union leader and under the collective banner of the three Trade Unions in NEEPCO had filed a writ petition being No. WP(C). 367 of 2021 on 18-11-2021, wherein the vires of Rule 8 (iii) of the North Eastern Electric Power Corporation Limited (NEEPCO) Conduct, Discipline and Appeal Rules, 1980 have been challenged. The writ petitioner has alleged that his transfer is a form of punishment for his involvement in trade union activities. Personal allegations of malafide have also been levelled against the respondent No.5 who is made a party respondent by name.

2. Mr. H.L.Shangreiso, learned Senior counsel assisted by Ms. A.Kharshiing, learned counsel submits that the transfer order suffers from grave illegali

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