JUDGMENT AND ORDER :

1. Heard Shri H.S. Paonam, the learned Senior Advocate assisted by Shri N. Bipin, the learned counsels appearing for the petitioner; Shri S. Nepolean, the learned Government Advocate appearing for the State respondents and Shri M. Devananda, the learned counsel appearing for the private respondent.

2. The instant writ petition has been filed by the petitioner questioning the validity and correctness of the impugned order dated 21-07-2016 by which he has been repatriated to his parent department as OSD/LDA, Manipur during the tenure of his deputation.

3.1. According to the petitioner, while he was serving as Superintending Engineer, he was appointed as Project Director, Loktak Development Authority vide order dated 17-06-2006 issued by the Chairman, Loktak Development Authority and after having served as Project Director for more than three years, his service was utilized as OSD/LDA. At that time, the petitioner came to know that a full time Chief Engineer was needed in the Engineering Wing, Department of Education(S), Government of Manipur on deputation and accordingly, he submitted an application to the concerned authority of the Department of Forest and Environment, Government of Manipur about his willingness to apply for the said post in case such proposal came from the Education Department. The Department of Forest and Environment conveyed ‘No-objection’, vide its letter dated 23-12-2013 addressed to the Principal Secretary (Education), to the proposed deputation of the petitioner as the Chief Engineer in Engineering Wing, Education Department on the condition that his pay and allowance be paid by the Education Department.

3.2. The Education Department(S) vide its order dated 17-01-2014 appointed the petitioner as the Chief Engineer on deputation for a period of two years with immediate effect stating therein that the conditions of his deputation would be governed by the O.M. dated 18-08-1982 issued by the Department of Personnel, Government of Manipur. The said order was issued by the Education Department(S) in consultation with the Departments of Personnel and Forest & Environment, Government of Manipur and consequent upon the issuance of the said order dated 17-01-2014, the petitioner took charge of the Chief Engineer and discharged his duties and responsibilities with utmost sincerity and dedication to the satisfaction of the concerned authority. After having satisfied with his performance, the petitioner’s term of deputation was extended for another period of one year i.e., from 17-01-2016 to 16-01-2017 vide order dated 08-02-2016 issued by the Education Department (S).

3.3. To his shock and surprise, the petitioner came to know that the Education Department(S) issued the impugned order dated 21-07-2016 for purpose of utilizing the service of the Private respondent herein as the Chief Engineer, Engineering Wing of the Education Department (S) and consequent thereupon, the petitioner was repatriated to his parent department as OSD/LDA but since no formal order was communicated to the petitioner till then, he did not hand over the charge to the private respondent. Being aggrieved by the impugned order dated 21-07-2016, the instant writ petition had been filed by the petitioner on the inter alia grounds that his term of deputation was shortened without assigning any reason and also without obtaining his consent; that the replacement of the petitioner by the private respondent who is substantively holding 2 or 3 post lower to the petitioner, is smacked with vice of arbitrariness and amounts to colourable exercise of power; that while issuing the impugned order, the Education Department(S) has not consulted with the Department of Personnel as required under the law; that the issuance of the impugned order is smacked with vice of malafide for the reason that the petitioner was to be relieved from the post with immediate effect and that the premature repatriation which cast stigma on the petitioner, would aff

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