Advocates:
['M HEMCHANDRA', 'H DEBENDRA', 'GA', '', 'KH TARUNKUMAR']

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W.P.(C) No. 17 of 2022

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P. (C) No. 17 of 2022

Shri N. Sadananda Singh, aged about 54 years, S/o. (L) N.

Ibohal Singh of Ningomthongjao Bazar, P.O. & P.S.

Singjamei, Imphal East District, Manipur, now working as

Inspector and posted at OC/CDO-TBL.

... PETITIONER

-Versus-

1.

The State of Manipur represented by the Chief Secretary

(Home), Government of Manipur, Office at Old Secretariat,

Babupara, P.O. & P.S.Imphal, Imphal West District, Manipur-

795001.

2.

The Director General of Police, Government of Manipur,

Office at Babupara, P.O. & P.S. Imphal, Imphal West District,

Manipur-795001.

....RESPONDENTS.

3.

N. Tikendra Meitei, Inspector, CDO-TBl, C/o. The Director

General of Police, Government of Manipur, Office at

SHAMUR

AILATPA

M SUSHIL

SHARMA

Digitally signed

by

SHAMURAILATP

AM SUSHIL

SHARMA

Date: 2022.06.08

11:48:21 +05'30'

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W.P.(C) No. 17 of 2022

Babupara, P.O. & P.S. Imphal, Imphal West District,

Manipur-795001.

...PRIVATE RESPONDENT

BEFORE

HON’BLE MR. JUSTICE M.V. MURALIDARAN

For the Petitioner/

Accused

::

Mr. M. Hemchandra, Sr. Adv.

Mr. Juno Rahman, Adv.

For the Respondents

::

Mr. H. Debendra, GA for

R-1 and R-2;

Mr. Kh. Tarunkumar, Adv.

for R-3.

Date of Hearing and

Reserving Judgment & Order

::

09.05.2022

Date of Judgment & Order

::

06.06.2022.

JUDGMENT AND ORDER

(CAV)

This writ petition has been filed to quash the

impugned transfer and posting order dated 31.12.2021 issued by

the second respondent and to direct the respondents to

review/cancel the impugned transfer order and also to consider

the dispose of the representation of the petitioner dated 3.1.2022

by a speaking order.

2.

Heard Mr. M. Hemachandra, learned senior

counsel for the petitioner; Mr. H. Debendra, learned Government

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W.P.(C) No. 17 of 2022

Advocate for the respondents 1 and 2 and Mr. Kh.Tarunkumar,

learned counsel for the third respondent.

3.

The case of the petitioner is that he was initially

appointed as Sub-Inspector (Legal) and posted at CID (Crime

Branch), Manipur and subsequently, transferred and posted at

Imphal West District Police. Thereafter, the petitioner was

promoted to the post of Inspector of Police in December, 2009

and posted at 8^th IRB attached with Imphal West District Police

and thereafter, he was posted at Imphal East and then Bishnupur

District Police as OC/CDO Unit, Bishnupur in the year 2014. In

the same year 2014, the petitioner was posted at Imphal East

District Police. In 2017, as OC/CDO, Thoubal District Police and

thereafter, he was posted as in-charge of Special CDO Unit,

Khabeisoi.

4.

Further case of the petitioner is that to the utter

shock, the second respondent issued the impugned transfer

order dated 312.2021 transferring the petitioner from in-charge

of Special CDO to 8^th IRB which is full of bias. Therefore, the

impugned transfer order is liable to be cancelled as the same is

bad in law and abuse of good office of the respondents in respect

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W.P.(C) No. 17 of 2022

of the transfer and posting of an employee working under the

respondent Government.

5.

The petitioner stated that the Superintendent of

Police, Thoubal District vide order dated 3.1.2022 stated that the

petitioner attached with Special CDO Unit Camp at 7^th MR,

Khabesishoi had joined at DHO, Thoubal on 3.1.2022 FN as OC-

CDO Unit, Thoubal on transfer.

6.

According to the petitioner, the impugned order

dated 31.12.2021 was issued under the political pressure of the

Minister/MLA under the undue pressure of the third respondent

so as to get the political benefit of the political boss. Therefore,

the impugned transfer order is tainted with full bias and therefore,

the same is liable to be quashed.

7.

The second respondent filed