The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.910 of 2025 Sukanta Kumar Behera ..... Petitioner Represented By Adv. – Mr. Bibhu Prasad Das -versus- State Of Odisha & Ors. ..... Opposite Parties Represented By Adv. – Mr. M.R. Mohanty, A.G.A. Mr.Satyajit Behera, Adv. for O.P. No.5 CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 27.03.2025 Order No. 07. 1. 2. This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as learned Additional Govt. Advocate for the State-Opposite Parties and learned counsel appearing for the private-Opposite Party No.5. Perused the pleadings of the respective parties as well as the documents annexed thereto. 3. By filing the present writ application, the Petitioner assails the impugned office order dated 06.01.2025 passed by the Opposite Party No.2 and the consequential relieving certificate dated 07.01.2025 issued by the Opposite Party No.3 under Annexures-4 and 5 respectively. 4. The factual background, as culled out from the writ application, is that the Petitioner initially joined as a Forester under Page 1 of 5. the Cuttack Forest Division on 17.04.2012. Thereafter, the Petitioner was posted as Forester at Derabis Section under the Kendrapada Range of Cuttack Forest Division on 16.02.2024. The Petitioner again got transferred vide office order dated 30.12.2024 to Rahama Section of Jagatsinghpur Forest Range. The pleadings in the writ application reveal that the petitioner submitted his joining report as Forester in Rahama Section of Jagatsinghpur Forest Range and the same was forwarded vide memo dated 06.01.2025 under Annexure-3 to the writ application. 5. While the matter stood thus, the R.C.C.F., Angul Circle, Opposite Party No.2 passed an order dated 06.01.2025 under Annexure-4 cancelling the order of transfer dated 30.12.2024. Consequentiality, the Petitioner was also relieved from duty w.e.f. 07.01.2025 under Annexure-5 to the writ application. Being aggrieved by the aforesaid conduct of the Opposite Parties in cancelling the transfer order after the Petitioner joined at his new place of posting pursuant to the transfer order dated 30.12.2024 and the consequential relief order, the Petitioner has approached this Court by filing the present writ application. 6. Learned counsel for the State on the other hand contended that the State-Opposite Party No.2 has already filed a counter affidavit. In the counter affidavit of the Opposite Party No.2 has narrated the facts involved in the present matter. The facts pleaded in the writ petition have not been disputed till the time the order of transfer dated 30.12.2024 under Annexure-1 was passed. Further, the counter affidavit reveals that the Opposite Party No.2 tried to justify the order cancelling the order dated 07.01.2025 under Annexure-5, thereby cancelling the order under Annexure-1 dated 30.12.2024, by stating Page 2 of 5. that the present petitioner had joined in the Derabis Section on 16.0.2024 and he had barely completed 10 months of service under the Derabis Section of the Kendrapada Range of Cuttack Forest Division. Moreover, considering the gravity and genuineness of the grievance of the Opposite Party No.5, who was working as a Forester under Rahama Section of Jagatsinghpur Forest Range and who has been transferred vice-versa vide order dated 30.12.2024 under Annexure-1, the Opposite Party No.2 has taken a decision to cancel the transfer order dated 30.12.2024 under Annexure-1. 7. Learned counsel appearing for the private-Opposite Party No.5 on the other hand contended that the Opposite Party No.2 has not committed any illegality in cancelling the order of transfer under Annexure-1. He further contended that the private-Opposite Party No.5 had joined under the Rahama Section of Jagatsinghpur Forest Range on 31.07.2023. While working under the Rahama Section, the Petitioner had barely completed 1‰ years of service when he was transferred to Derabis Section of Kendrapada Range in violation of Govt. guideline to the effect that the Officers shall be normally allowed to continue at a particular station for a period of 3 years. He further contended that in view of the provisions contained in the Govt. guideline dated 07.12.2022 under Clause-9, it has been provided that the Deputy Conservators of Forest, Assistant Conservators of Forest and the Foresters shall not be posted in their home districts. In such view of the matter, learned counsel appearing for the private-Opposite Party No.5 contended that the Opposite Party No.2 has not committed any illegality in transferring the Petitioner from his own district and transferring the Opposite Party No.5 in place of the Petitioner. Accordingly, it was prayed that the writ application is devoid of merit and the same should be dismissed Page 3 of 5. and the interim order passed by this Court be vacated. 8. Learned counsel for the Petitioner in reply to the argument advanced on behalf of the Opposite Party No.5 submitted that the very same guidelines dated 07.12.2022 provide under Clause-13 that the principles contained in the guidelines can be relaxed in public interest, administrative grounds, health grounds and in hard cases supported by detailed reasons to be recorded. He further contended that the bare perusal of order under Annexure-1 reveals that the same has been passed in the interest of public service and administrative exigencies. 9. Having heard the learned counsels appearing for the parties, on a careful examination of the pleadings of the respective parties as well as materials placed on record for consideration by this Court, this Court at the outset would like to observe that the manner in which the orders have been passed by the Opposite Party No.2 is unusual and the same is not the regular practice while passing the transfer orders. On a further scrutiny of the records it appears that a transfer order was passed on 30.12.2024 transferring both the Petitioner and the Opposite Party No.5 vice-versa to two different stations of Rahama and Derabis Sections in two different districts. Thereafter, the Petitioner was relieved and his joining report was accepted on 06.01.2025 by the Forest Range Officer, Jagatsinghpur Range. On the very same day, an order has been passed by the R.C.C.F., Angul Cirlce cancelling the transfer order dated 30.12.2024. The scenario as has been narrated hereinabove depicts the lack of communication and discipline among the Govt. Officers. Further, keeping in view the submissions made by the learned counsel appearing for the Opposite Party No.5 that the Opposite Page 4 of 5. Party No.5 has been transferred before completing 3 years of service, this Court directs the Opposite Party No.1 i.e. the Additional Chief Secretary, Forest & Environment Department, Govt. of Odisha, Bhubaneswar to examine the whole issue again and after providing an opportunity to the parties, necessary final orders be passed within a period of two weeks from the date of communication of a certified copy of today’s order. It is further made clear that for a period of two weeks or till a final decision is taken by the Opposite Party No.1, as has been directed hereinabove, the status quo as on date in respect of the Petitioner as well as Private-Opposite Party No.5 shall be maintained. 10. Before parting, this Court would also like to observe that the Opposite party No.2 shall issue necessary instructions in the shape of a circular intimating the offices with regard to the time, the manner, the mode and the circumstances in which the transfer orders can be passed. More importantly, before passing any transfer order, the controlling authority shall first verify the background as well as ensure compliance of Rules/ Guidelines/ Circulars of the Govt. which would eventually leave no ground to recall the order of transfer after the same is passed and has attained finality. 11. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge Anil Signature Not Verified Page 5 of 5. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 28-Mar-2025 14:01:28