Gunabati Kangabam v. State of Manipur and 2 Others

Item Nos. 62 IN THE HIGH COURT OF MANIPUR AT IMPHAL

WP(C) No. 183 of 2025

Gunabati Kangabam

Petitioner/s

Vs.

State of Manipur & 2 ors.

Respondent/s

BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

19.08.2025

Heard Mr. K. Roshan, learned counsel appearing for the petitioner; Mr. Kh. Athouba, learned GA appearing for the respondent nos. 1 & 2; and Mr. N. Ibotombi, learned Sr. counsel appearing for the respondent no. 3.

The present writ petition has been filed challenging the order dated

03.03.2025 issued by the Secretary (Fishery), Department by which the petitioner has been transferred as Fishery Officer, District Fishery Office, Bishnupur from the District Fishery Office, Imphal West and the respondent no. 3 was posted as in-charge Project Officer in the District Fishery Office, Imphal West from Fishery Office, Chandel and the petitioner has also prayed for quashing and setting aside the said impugned transferred order in respect of the petitioner and the private respondent no. 3 only.

The petitioner has challenged the said impugned transferred order on the ground that the said transferred order has been issued in gross violation of the Transfer Policy of the State government as notified under the notification dated 12.05.2022 issued by the Department of Personnel & Administrative LUCY GURUM AYUM by LUCY GURUMAYUM Date: 2025.08.20 +05'30'

Reform (Personnel Division), Government of Manipur as well as in violation of the policy of the government as contain in Office Memorandum dated

03.10.2020 issued by the Department of Personnel & Administrative Reform (Personnel Division), Government of Manipur.

In the midst of the hearing, the counsel appearing for the parties submitted that the present petition can be allowed by quashing the impugned transferred order dated 03.03.2025 in respect of the petitioner and private respondent only and to give liberty to the State Government to issue fresh transfer order in respect of the petitioner and the private respondent no. 3 strictly in terms of the transfer policies of the State Government mentioned herein above.

In view of the joint submission made by the learned counsel appearing for the parties, the present writ petition is hereby disposed of with the following direction:-

(i) The impugned transferred order dated 03.03.2025 in respect of the petitioner and the private respondent no. 3 is hereby quashed and set aside.

(ii) The State Government is at liberty to issue fresh transfer order in respect of the petitioner and the private respondent no. 3 strictly in terms of the Transfer Policy as contain in the notification dated 12.05.2022 and Office Memorandum dated

30.10.2020.

(iii) The petitioner as well as the private respondent no. 3 are given liberty to file representations to the competent authorities regarding their transfer and posting and in the

event of submitting such representations, the authorities shall consider the representations while issuing any transfer order.

(iv) If any representation is submitted either by the petitioner or by the private respondent no. 3, the authorities shall consider the same and disposed it off by issuing a speaking order within a period of 45 days from the date of receipt of the said representations.

With the aforesaid direction, the present writ petition is disposed of

JUDGE

Lucy