Birenddra Kumar Pattanayak vs Union Of India Vs

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner as well as Mr.P.K.Parhi, learned D.S.G.I. along with Mr.D.B.Patnaik, learned C.G.C.

Since Mr.D.B.Patnaik, learned C.G.C accepts notice on behalf of all the Opposite Parties, three extra copies of the Writ Petition be served on him within three working days.

Counter Affidavit, if any, shall be filed within four weeks after serving copy thereof on the learned counsel for the Petitioner.

List this matter in the week commencing from 23rd June, 2025.

I.A.NO.8254 OF 2025

This Interlocutory Application has been filed by the Petitioner with an interim prayer for a direction to Opposite Party No.3 to allow him to hand over charges and to relieve him with immediate effect and to allow him to join in his new place of posting at Durgapur in the State of West Bengal.

Learned counsel for the Petitioner at the outset contended that although the Petitioner has been transferred vide order dated 27.02.2025 under Annexure-3 series, however, he has not been relieved in the meantime.

Learned D.S.G.I., on the other hand contended that due to lack of clearance the case of the Petitioner has not been considered to relieve him from the duty pursuant to transfer order dated 27.02.2025.

Taking into consideration the submissions made by the learned counsels for the respective parties, this Court is of the view that once a person has been transferred, he should have been relieved from the place within a reasonable time. However, despite transfer order dated 27.02.2025 he has not been relieved for several months.

Taking into consideration the aforesaid facts, the I.A. is disposed of with a direction to take necessary steps to relieve the Petitioner from the duty, if there is no legal impediment, within a period of 10 days from the date of communication of the order.

The I.A. is accordingly disposed of.

I.A.NO.8255 OF 2025

This Interlocutory Application at the instance of the Petitioner with a prayer for a direction to release the salary of the Petitioner for the month of April, 2025 and continue paying salary till he is relieved.

Taking into consideration the prayer made in the Interlocutory Application, the present Interlocutory application is disposed of by granting liberty to the Petitioner to approach the competent authority for release of his salary in accordance with law. Further, it is directed that in the event the Petitioner approaches Opposite Party No.3 along with copy of this order, the Opposite Party No.3 shall do well to release the current salary of the Petitioner as is due and admissible as per law within two weeks.

The I.A. is accordingly disposed of.

I.A.NO.8253 OF 2025

As an interim, it is directed that no coercive action shall be taken against the Petitioner till the next date.

Learned D.S.G.I. is directed to file his reply to the Interlocutory Application. Registry is directed to list this Interlocutory Application for final order after considering the reply..

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