Harish Chandra Patra … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.2764 of 2023 Harish Chandra Patra ….. Appellant Mr. C. Pattnaik, Advocate State of Odisha & Ors. Vs. ….. Respondents Mr. A.R. Dash, AGA Order No. 01 CORAM:
Legal Reasoning
ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN
Decision
ORDER 16.11.2023 This matter is taken up through hybrid mode. 2. Heard Mr. C. Pattnaik, learned counsel appearing for the appellant and Mr. A.R. Dash, learned Additional Government Advocate appearing for the State-opposite parties. 3. The appellant has filed this writ appeal seeking to quash the order dated 25.08.2023 under Annexure-8 issued by the Field Director, Similipal Tiger Reserve-cum-Regional C.C.F., Baripada and confirmation made thereof vide order dated 31.10.2023 by the learned Single Judge in W.P.(C) No.35184 of 2023 under Annexure-2. 4. Mr. C. Pattnaik, learned counsel appearing for the appellant vehemently contended that the appellant, as a Physically Handicapped person having locomotor disability, was transferred from the office of the D.F.O., Rairangpur to the office of the Deputy Director, Similipal, North (WL) Division, Jashipur. It is contended that the appellant is going to retire from service in July, Page 1 of 5 2024, which is less than one year from now. Therefore, the appellant should not have been transferred at the fag end of his service. It is further contended that since the order of transfer has been passed with mala fide consideration, consequentially he seeks quashing of the said transfer order and the order dated 31.10.2023 passed by the learned Single Judge in W.P.(C) No.35184 of 2023 under Annexure-2. 5. Mr. A.R. Dash, learned Additional Government Advocate appearing for the State-opposite parties vehemently contended that the appellant is continuing in service in the very same office, i.e., Office of the Deputy Director, Similipal, North (WL) Division, Jashipur, in which he was posted after reconsideration of the earlier decision, pursuant to the direction of this Court in W.P.(C) No.18398 of 2021. There is no change of place of posting of the appellant as per Annexure-8 dated 25.08.2023 to the writ petition. Therefore, it is contended that the contentions raised by the learned counsel for the appellant cannot be accepted and, as such, the writ petition should be dismissed in limine. Thereby, the learned Single Judge has not committed any error in the order dated 31.10.2023 passed in W.P.(C) No.35184 of 2023 so as to warrant interference of the same at this stage. 6. Considering the contentions raised by learned counsel for the parties and after going through the records, this Court finds that the appellant is continuing as a Forest Guard, which is subject to the order of transfer, i.e., order dated 25.08.2023 under Annexure-8 to the writ petition, from the office the D.F.O., Rairangpur to the office of the Deputy Director, Similipal, North (WL) Division, Jashipur. The appellant challenged the said order Page 2 of 5 by filing W.P.(C) No.35184 of 2023 with the following prayers: “Under such circumstances it is therefore prayed that your lordships would graciously please to admit this writ application call for records & after hearing the parties may be pleased to issue a writ/s, order/s, direction/s in the nature of certiorari, quashing the impugned order dtd. 25th August 2023 passed by the Field Director Similipal Tiger Reserve- cum-Regional CCF Baripada under Annexure-8. And further may issue a writ of mandamus directing the opposite parties to continue in his present place, i.e. under the DFO, Rairangpur, till his retirement.” 7. Mr. C. Pattnaik, learned counsel appearing for the appellant contended that the order of transfer of the appellant, who is a Physically handicapped person, is subjected to mala fide action of the authority. Therefore, the learned Single Judge has committed error in not interfering with the same. In course of hearing, this Court called upon learned counsel for the appellant to show the reasons under which the order of transfer can be interfered with. In reply, he stated that on the ground of mala fide the Court can interfere with the order of transfer. When the question of mala fide arose, learned counsel for the appellant during the course of hearing was called upon to show against which authority, the appellant alleged mala fide. He confidently answered that the appellant alleges mala fide against respondent no.3, who has passed the order of transfer. But when this Court posed a question as to whether the appellant has impleaded the said authority in person as party to the proceeding, learned counsel for the appellant very fairly conceded that he has not impleaded the said authority in person as a party either to the writ petition before the learned Single Judge or before this Court. In absence of proper party in the writ petition against whom the appellant alleges mala fide, the writ appeal is not maintainable. It is further contended Page 3 of 5 that earlier the appellant had approached this Court by filing W.P.(C) No.18398 of 2021, which was disposed of with a direction to the authorities to consider his grievance. Accordingly, the grievance of the appellant was reconsidered by the authorities vide order dated 21.09.2021 under Annexure-7 to the writ petition and accordingly the earlier order of transfer of the appellant as Forest Guard to the Forest Training Centre, Champua was cancelled and the appellant was deployed on deputation in the office of the Deputy Director, Similipal, North (WL) Division, Jashipur. While continuing at the aforesaid place of posting, another order was passed on 25.08.2023 under Annexure-8 to the writ petition. Referring to the said order, learned counsel for the appellant submitted that the parent division of the appellant is D.F.O., Rairangpur, and the appellant was sent on deputation to the office of the Deputy Director, Similipal, North (WL) Division, Jashipur. However, the order dated 25.08.2023 under Annexure-8 to the writ petition, according to the learned counsel for the appellant, changes the parent division of the appellant. Therefore, the appellant assailed the said order before the learned Single Judge by filing W.P.(C) No.35184 of 2023 and the learned Single Judge, vide order dated 31.10.2023, disposed of the said writ petition taking into consideration Annexures-7 & 8 to the writ petition with an observation that the appellant, even after order dated 25.08.2023 under Annexure-8 to the writ petition, continues in the office of the Deputy Director, Similipal, North (WL) Division, Jashipur, therefore, there is no change in the place of posting. Moreover, a close scrutiny of the order dated 25.08.2023 under Annexure-8 to the writ petition reveals that at serial no.19, Page 4 of 5 the name of the appellant appears and against his name, the parent division has been clearly reflected as D.F.O., Rairangpur. As such, the appellant could not have any grievance against the order under Annexure-8 to the writ petition. 8. In view of the above reasons assigned by the learned Single Judge vide order dated 31.10.2023 passed in W.P.(C) No.35184 of 2023, this Court is not inclined to interfere with the said order. Accordingly, the writ appeal merits no consideration and the same is dismissed. (DR. B.R. SARANGI) ACTING CHIEF JUSTICE Alok (M.S. RAMAN) JUDGE Signature Not Verified Digitally Signed Signed by: ALOK RANJAN SETHY Designation: Secretary Reason: Authentication Location: orissa high court Date: 17-Nov-2023 10:31:11 Page 5 of 5