H. S. THANGKHIEW
Poresh Kumar Nath – Appellant
Versus
North Eastern Electric Power Corporation Limited (Government of India Enterprise) – 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
Ajay Hasia & Ors. vs. Khalid Mujib Sheravardi & Ors. (1981) 1 SCC 722
Central Inland Water Transport Corporation vs. Brojo Nath Ganguly (1986) 3 SCC 156
E.P.Royappa vs. State of Tamil Nadu, AIR 1974 SC 555
Executive Committee of Vaish Degree College
Executive Committee UP Warehousing Corporation vs. Chandra Kuran Tyagi (1969) 2 SCC 838
K.K.Saksena vs. International Commission on Irrigation and Drainage (2015) 4 SCC 670
Pearlite Liners (Pvt) Ltd. vs. Manorama Sirsi (2004) 3 SCC 172 para 7
Pradeep Kumar Biswas vs. Indian Institute of Chemical Biology & Ors. (2002) 5 SCC 111
Rajneesh Khajuria vs. Wockhardt Limited & Anr. (2020) 3 SCC 86
Ramana Dayaram Shetty vs. International Airport Authority of India (1979) 3 SCC 489
S.C.Saxena vs. Union of India & Ors. (2006) 9 SCC 583
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