Courts interfere with transfers only for incompetence, rule violation, or proven mala fide/arbitrariness; here quashed as punitive post-grievances, lacking exigency, hasty, discriminatory, non-reasoned despite Tribunal directive.

ORDER 

PER M.L. SRIVASTAVA, MEMBER (A):

The instant O.A. has been filed by the applicant Shri Dr. N. Okendro Singh, Professor, Department of Basic Science at the College of Agriculture, CAU, Imphal seeking for the following reliefs: -

“8.1 To set aside and quash the impugned transfer order dated 22.09.2023 and the impugned relieving order dated 25.09.2023 as the same are not sustainable in the eyes of law.

8.2 To set aside and quashed impugned orders/letters dated 21.10.2023, 30.10.2023 and 13.11.2023 as same are not sustainable in the eye of law.

8.3 To direct the respondents to allow the applicant to serve as Professor at the College of Agriculture, Iroishemba, CAU, Imphal as usual.

8.4 To direct the respondents to pay the salary for the month of October, 2023.

8.5 Cost of the application.

8.6 Any other relief (s) to which the applicant is entitled as the Hon’ble Tribunal may deem fit and proper.”

2. The factual matrix of the case as per Ms. U. Das, learned counsel of the applicant is that –

3. The applicant is working as a Professor and HoD, Department of Basic Science, CAU, Imphal. The applicant is working in Imphal since 2013. However, the applicant vide Order dated 22.09.2023 was transferred from CAU, Imphal to Barapani, Meghalaya.

4. As per the learned counsel, the Dean, College of Agriculture, CAU, Iroishemba, Imphal vide Office Order dated 22.05.2021 directed the applicant to shift the Department of Extension Education in the Building of Academic Block-1 Second Floor and to occupy Room No. 201, 217, 218, 219 in Academic Block-II within 10 (ten) days for smooth functioning of teaching in Extension Education and ATIC of the College of Agriculture, CAU, Imphal. The applicant and two other persons were informed to shift to their allotted rooms within stipulated period of time. Further, on 27.09.2021, the Dean, College of Agriculture, Central Agricultural University, Imphal wrote a letter to the applicant whereby a reminder was sent to him informing that he has not initiated any steps for shifting of his Department to the already allotted room (Academic Block-II) and therefore, he was directed to vacate his Department from the present location and immediately shift to the allotted rooms. It was also informed that the Language Lab was ready with all IT setup (31 Computers and high speed internet) will be handed over to his Department and Dr. K. Maheshwari Devi, Assistant Professor, Basic Science will be in-charge of the Language Lab; and the compliance report was to be submitted within 4 (four) working days.

5. As averred by the learned counsel of the applicant, there was perceptible Administrative and Technical inconveniences in shifting the above said Basic Science Department to the Academic Block-II; on 30.09.2021, applicant being the HOD of Basic Sciences wrote a letter to the Dean, College of Agriculture, CAU, Imphal, by highlighting the technical difficulties in shifting the aforesaid Department. He also mentioned that the existing Computer Lab in Room 214, Academic Block-I has been providing many facilities of computing and other regular practical classes of UG/PG/Ph.D. (7) different courses of Computer & Statistics and 2 courses from English language), and as such, the Statistical Packages/software were installed to the PCs available in this Lab. Reinstallation of the above package to the new lab will have to be done with fresh set of authorization code from the concerned company. It was also mentioned that the prev