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He is also stand relieved from his duties with effect from 30.6.2001 (A.N.), so as to enable him to join at his new place of posting.
T.A./D.A. and Joining time is admissible to him as per rules."

The above order is assailed in this proceeding as arbitrary, discriminatory and unlawful.

4. The respondents contested the application and submitted their written statement denying and disputing the claim of the applicant. In answer to the plea raised by the applicant that the applicant was transferred to a place where there was no such post known as Principal Scientist, the respondents stated that the applicant was transferred to Lembucherra along with the post of Principal Scientist. It was also cotended that the post of Joint Director is a post of Research Management position and the post of Principal Scientist is a post subordinate to the Joint Director and that under those circumstances there was no illegality in posting the applicant at Lembucherra. The respondents also stated that his substitute Dr. B.K. Mahapatra, Senior Scientist assumed the charge of In-charge Fisheries Division on 30.6.2001. The respondents in the written statement also mentioned that the transfer order dated 29.6.2001 was issued pursuant to the letter dated 21.6.2001 issued by the Deputy Director General, ICAR. By the said D.O. letter dated 21.6.2001 the respondent No. 3 was asked to post the applicant at ICAR, Tripura Centre because his services were required there to serve the public interest. In the written statement the respondent No. 3 also mentioned that the minutes of the visit of the Hon'ble Chief Minister of Tripura to ICAR, Tripura Centre on 11.1.2001 as well as the letter dated 26.3.2001 issued by the Chief Secretary, Tripura to the Commissioner and Secretary, Fishery. It was in the above context the Chief Secretary, Tripura sent a D.O. letter dated 13.6.2001 to the respondent No. 2 with a request to post a Scientist of Fisheries Discipline in the Centre immediately to take up study on various aspects concerning development of Fisheries in the State. It was pursuant to the letter dated 13.6.2001 that the Office of the respondent No. 2 wrote the D.O. letter dated 21.6,2001, pursuant to which the impugned transfer order was issued.

9. To assess the relevant aspects of the matter it would be pertinent to refer to the events relied upon by the respondents for transferring the applicant to Lembucherra from the Headquarters. The respondents in the written statement referred to the visit of the Hon'ble Chief Minister of Tripura to ICAR. Tripura Centre on 11.1.2001. The minutes of the meeting sent by the Joint Director to the Director, mentioned the concerns expressed by the Chief Minister about the research achievements of different experiments and their applicability to the farmers of Tripura. In the minutes there was an incidental reference of the Secretary's (Fisheries) observations of the importance of fisheries department with reference to Tripura where enough area under water bodies was available, but production of table fish was quite low and he emphasized the need for the strengthening of the fishery discipline at the Centre. The Secretary desired that the ICAR Centre would identify better breeds of fish for the State and also identify the endangered species of fishes and their reintroduction from the other parts of the country. The Joint Director, ICAR clarified the position and stated that the ICAR was working on the identification of endangered species and their reintroduction from other parts of the country and collaboration for the introduction and evaluation of new and better breeds of fishes shall be sought from the other ICAR institutes. After the aforementioned visit of the Chief Minister of Tripura, the Government of Tripura through the Chief Secretary issued a communication to the Commissioner, Agriculture, Secretary, ARDD, Secretary, Fisheries vide communication dated 26.3.2001. The full text of the same is reproduced below :

The ICAR also referred to the communication sent by the Chief Secretary, Government of Tripura to the Director General, ICAR and Secretary to the Government of India requesting the respondent No. 2 to focus attention on its staffing and resource allocation vis-a-vis the State's economic development. The above communication was sent on 13.6.2001 which is reproduced below:

"Dear Shri Paroda, There is a unit of ICAR in Tripura. The State Government feels that the ICAR unit in Tripura needs to play a far more important and bigger role in the development of agriculture, horticulture, fisheries, animal husbandry, etc., than it does now.

11. The respondents in the instant case referred to the D.O. letter of the Chief Secretary, Government of Tripura dated 13.6.2001 for the transfer of the applicant to Agartala from the Headquarters. Admittedly, the applicant was in the Complex Headquarters and the post of Principal Scientist was a post meant for the Headquarters. By the communication dated 13.6.2001 the Chief Secretary only requested the Director General. ICAR to take a fresh initiative so that Tripura could play a more significant role in the development of fisheries, horticulture, animal husbandry etc. In that context the Chief Secretary mentioned about the inadequacy of the staffing pattern in the ICAR unit at Lembucherra in Tripura. It was basically a request to increase the staffing pattern. In that context in respect of Fisheries Department it specifically requested for posting of our Scientists at ICAR unit at Lembucherra to take up the study on genetical degradation of fishes, artificial propagation of threatened species of fishes etc. The said communication also mentioned that at the relevant time there was only one Scientist available and requested for three Scientists. It never requested for a Principal Scientist. The Chief Secretary accordingly requested the Director General, ICAR to carry an indepth review of the activities of the ICAR unit in Tripura, its staffing and resource allocation in the context of the importance of the unit in State's economy. Basically it was a letter asking for resource allocation and for increase of the staffing pattern. The said letter under no circumstances was meant for posting and transfer of the Principal Scientist. The communication dated 21.6.2001 itself pointed out that such requests were sent by all the States repeatedly. It is not a problem of Tripura alone. Study of genetical degration of fishes and the development of fisheries is not confined to Lembucherra unit only. Similar problems time and often crop up in other units also. The applicant in his rejoinder referred to one of the communications from the Government of Arunachal Pradesh for deputing a Fishery Scientist to Arunachal Pradesh to overcome the situation faced by the administration due to the mortality of the Mahseer in the Sally Lake. The respondent in the instant case failed to address itself to the relevant issue raised in the letter and instead mechanically ordered for posting and transfer of the applicant to Tripura on extraneous consideration other than lawful consideration. The Deputy Director General in a most reckless and mechanical fashion advised the Director to post the Principal Scientist from the Headquarters that too, without taking the applicant into confidence and the Director, respondent No. 3, mechanically exercised his discretion at the instance of the Deputy Director General without applying his mind. It may also be mentioned that the letter dated 21.6.2001 seemingly received on 25.6.2001 as revealed by Annexure R-5 to the written statement was forwarded to the Administrative Officer for necessary action. The matter was thereafter processed on 27.6,2001 as reflected in Annexure R-6 to the written statement, and put up before the authority. The note was later on put up before the Director, ICAR with the following note: