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Employee Transferred To 'Unknown Location' In Arunachal Pradesh From University Campus In Gandhinagar: Gujarat High Court Issues Notice

28 May 2022 7:00 AM GMT
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The Gujarat High Court has issued notice to the Rashtriya Raksga University on a plea moved by its Chief Accounts Officer (Class-I), challenging a communication which directs his transfer from the University's Gandhinagar campus to an upcoming campus at an 'unknown location' in Arunachal Pradesh.

The employee, claiming to be working on a 'permanent' and 'sanctioned' post has stated that the new location is 3,000+ kilometers away from the University's sole Lavad-Dehgam campus in Gandhinagar and he is the only employee amongst 233 employees to be transferred to such a location. The purported motivation behind such transfer order is that the Petitioner continues to raise his voice against alleged illegalities and irregularities committed by the University's Vice Chancellor.

The Petitioner avers that the transfer notice is not only without authority and jurisdiction but is also contrary to the statutory provisions and amounts to colorable exercise of power, in violation of Articles 14, 16, 19, 21 of the Constitution.

The Petitioner insists that that his annual performance appraisal reports showed a grade of 'excellent/outstanding' or 'good/very good' and yet he was transferred. It is contented that the impugned order violates the stature of the Rashtriya Raksha University which mandates that the decisions of the authorities should be authenticated by the Registrar or another person authorised by the Governing Body, which is absent in this case.

Further, it is submitted that the transfer is void ab initio since the sole campus of the University is in Gandhinagar and it is a settled principle of law that a person can only be transferred where the sanctioned post exists.

Further, it is pointed out that the transfer communication was issued on the 'fag end' of a Friday giving the employee only 48 hours time to report at 'unknown location' of the upcoming campus in Arunachal Pradesh. There were other familial circumstances as well such as, the Petitioner's wife was a primary school teacher which could 'destroy' the Petitioner's family life.

Therefore, it is prayed that the Court issue the writ of certiorari and other directions to the Respondents and the impugned order be set aside. Further, he seeks that the Ministry of Home Affairs be directed to hold inquiry against the University for acting arbitrarily and illegally to harass the Petitioner.

He states that previously also, the University has victimized persons raising their voices against alleged irregularities by either terminating their services or suspending their PhD supervision.

During the course of hering, Senior Advocate Devang Vyas appearing for the Respondents submitted that the petition itself is not maintainable.

Justice Vaibhavi Nanavati has issued notice in the matter and directed the Respondents to file their replies, including on the aspect of maintainability.

The case is fixed for 16 June.


Case No.:C /SCA/9822/2022

Click Here To Read/Download Order

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