Serial No. 02 Supplementary List

HIGH COURT OF MEGHALAYA AT SHILLONG

WP(C) No. 423 of 2022

Date of Order: 18.10.2022

Shri Bidul Goswami Vs. North Eastern Electric Power Corporation Limited (NEEPCO) & Ors.

Coram:

Hon'ble Mr. Justice H. S. Thangkhiew, Judge

Appearance:

For the Petitioner(s) : Mr. P.J. Saikia, Sr. Adv. with Mr. P. Deka, Adv.

For the Respondent(s) : Mr. V.K. Jindal, Sr. Adv. with Mr. V. Kumar, Adv.

1. Heard Mr. P.J. Saikia, learned Senior counsel assisted by Mr. P. Deka, learned counsel for the petitioner.

2. Mr. V.K. Jindal, learned Senior counsel assisted by Mr. V. Kumar, learned counsel is present and accepts notice on behalf of the sole respondent, so no further notice is called for.

3. This is the third round of litigation brought before this Court, concerning the transfer of the petitioner, which has sought to be resisted on the ground of ill-health of his mother. In the earlier rounds of litigation before this Court, the respondent Corporation had been directed to dispose of the representation of the petitioner in accordance with law, and in the light of the stated Transfer Policy.

4. The contentions of the petitioner by way of the instant writ petition is that in spite of the repeated directions, the respondent

Corporation has not complied with the directions issued by this Court, and in fact has violated the said orders, for which a separate contempt application has been filed.

5. Mr. V.K. Jindal, learned Senior counsel assisted by Mr. V. Kumar, learned counsel for the respondent Corporation has resisted the submissions made by the learned counsel for the petitioner, by submitting that nothing remains for further consideration before this Court, inasmuch as, the earlier order dated 05.08.2022, which has been received by the petitioner, and stated to be a communication of the order dated 04.08.2022 passed by the competent authority, has in fact been set aside. It is further submitted that subsequently by the impugned order herein, the representation of the petitioner has been answered, and as there were no interim orders operating, he was directed to join his new place of posting.

6. Having heard the learned counsel for the parties, it appears that the only subject in issue, is with regard to the contents of the order dated 16.09.2022, which has conveyed the reasons for rejection of the representation of the petitioner. For easy reference the same is reproduced hereinbelow:-

"NORTH EASTERN ELECTRIC POWER CORPORATION LIMITED (A Govt. of India Enterprise)

ISO 9001 & 14001 OHSAS 18001 Brookland Compound::Lower New Colony::Shillong-3 By Email/Speed Post

No. PERS/14/G-13/HR-NE/6791 Dated 16/09/2022

To,

Shri Bidul Goswami, C/O Mrs. Dipika Goswami Vill: Japarigog, P.O. & Thana – Dispur, District- Kamrup Guwahati-5, ASSAM

Sub: Your representation dated 17/8/2022 with a prayer for permission to resume and perform duty at Guwahati and release of salary etc.

Ref: (i) Your representation dated 15/6/2022 (ii) Order dated 29/7/2022 passed by Hon'ble Meghalaya High Court in WP(C) No. 279/2022. (iii) Order dated 12/08/2022 passed by the Hon'ble Meghalaya High Court in WP(C) No. 299/2022.

In inviting a reference to the above representation/orders under reference on the aforesaid caption subject, I am to inform you that since there is no stay order by the Hon'ble High Court staying the operation of transfer order dated 10/06/2022, release order dated 29/06/2022 and letter dated 5/8/2022, you are hereby asked to join your new place of posting and report to HOP, Tawang Hydro Electric Project forthwith as the work of the Project is suffering and it made clear that your joining to the new place of posting will however be subject to the outcome of the final disposal of the Writ Petition pending before the Hon'ble Meghalaya High Court.

This issued with the approval of the competent authority.

Sd/- (A.A.P. Kujur) General Manager (HR) Estt."

7. On perusal of the said impugned order, it indicates that the respondent Corporation while making reference to the order passed by this Court has however, referred to the letter dated 05.08.2022, which on the said date was no longer in existence. Further, it is noted that the respondent Corporation has also stated therein that the joining to the new place of posting by the petitioner will be subject to the outcome of the final disposal of the writ petition pending before this Court. Again on the date of the said order i.e. dated 16.09.2022, there was no writ petition pending, inasmuch as, the writ petition has been disposed of on 12.09.2022, as evident from the records annexed as Annexure-M to the writ petition.

8. In this view of the matter and in view of the ambiguous nature of the letter, the respondent Corporation is directed to file an affidavit

within 1(one) week, clarifying this matter. In the meantime, status quo shall be maintained with regard to the movement of the petitioner.

9. List this matter on 02.11.2022.

JUDGE

Meghalaya 18.10.2022 "V. Lyndem-PS"