IMPORTANT POINT
The central legal point established in the judgment is the requirement for proper application of mind and compliance with transfer policies by the respondent authorities.

JUDGMENT

1. The petitioner has filed this writ petition seeking issuance of a writ of certiorari to quash and set aside the impugned transfer Signal bearing No.T.IX.14/2022-NEZ-DA(Min), dated 4.1.2022 and 6.1.2022 and direct the respondents to allow the petitioner to complete her tenure period at Composite Hospital, Group Centre, Langjing, Imphal; coupled with the interim prayer for staying/suspending the said impugned order dated 6.1.2022 and its rejection signal dated 28.1.2022 till the disposal of the petition.

2. The petitioner has earlier filed W.P. (C) No.24 of 2022 challenging the transfer order dated 6.1.2022. The entire factual gamut has been narrated while disposing of the said writ petition. As the order dated 28.1.2022, now under challenged, is passed as a consequence of the order dated 18.1.2022 passed in W.P. (C) No.24 of 2022, to avoid repetition, the said order which narrated all the facts in detail is in toto extracted herein under:

[1] Heard Mr. M. Devananda, learned counsel appearing for the petitioner and BR. Sharma, learned CGSC appearing for the respondents. The present writ petition has been filed assailing the impugned transfer order dated 06.01.2022 by which the petitioner have been transferred from Composite Hospital, Imphal, Manipur to Composite Hospital, B.B.S.R, Orissa.

[2] The case of the petitioner is that on completion of her normal tenure in her earlier posting at Group Centre, CRPF, Pinjore, Haryana, the petitioner was transferred to Composite Hospital, CRPF, Imphal by an order dated 30.07.2021 and she was relieved on transfer from Group Centre, Pinjore to CH, Imphal, w.e.f., 24.11.2021 by an order dated 17.11.2021. Thereafter, on her joining to her new place of posting at Composite Hospital, Imphal, the authorities of CRPF issued an order dated 11.12.2021 taking the petitioner into the strength of the said Composite Hospital, Imphal, w.e.f. 10.12.2021. While the petitioner was serving at the Composite Hospital, Imphal, the Deputy Director (Med), CRPF sent a signal dated 03.01.2022 stating, inter-alia, that the husband of the petitioner filed a writ petition before the Hon'ble High Court of Punjab and Haryana against his transfer order and in the said writ petition, the High Court of Punjab and Haryana passed an order on 25.10.2021 to the effect that either the wife of the petitioner may be transferred to Orissa or the petitioner can be transferred to Imphal.

[3] In view of the aforesaid order of the Hon'ble High Court, willingness of the petitioner for posting at Orissa State was sought for. In response to the aforesaid signal, the petitioner submitted her unwillingness for transfer at Orissa under the letter dated 04.01.2022. However, the DIG (Admn), NEZ sent a signal dated 04.01.2022 stating, inter-alia, that as per the Courts order dated 25.10.2021 passed by the High Court of Punjab and Haryana in CWP No. 21247 of 2021, filed by the husband of the petitioner, the petitioner may be transferred to Orissa and that her willingness for such transfer is not relevant. It has also been further submitted that as desire by the Cespol, NEZ, being Court matter and to avoid contempt, the petitioner may be posted to CH BBSR immediately and to confirm so that compliance may be submitted to the Court.

[4] Pursuant to the aforesaid signal dated 04.01.2022, the Deputy Director, (Med), issued the impugned transfer order dated 06.01.2022, thereby effecting the transfer of the petitioner from CH, Imphal to CH BBSR, Orissa. It has been submitted by Mr. M. Devananda, learned counsel appearing for the petitioner that the petitioner has been transferred before even completing a period of 1 (one) month from her earlier transfer and that the only reason for effecting her transfer is that such transfer has been ordered by the Hon'ble High Court of Punjab and Haryana in its order dated 25.10.2021, passed in CWP No. 21247 of 2021. On perusal of the said order dated 25.10.2021, passed by the Hon'ble High Court of Punjab and H