In a courtroom marked more by reflection than confrontation, the High Court of Sikkim on Thursday brought an end to a workplace dispute involving a National Health Mission employee who alleged mental distress following his transfer.
Chief Justice A. Muhamed Mustaque disposed of the writ petition after both sides assured the court that they had resolved their differences and would continue working together with mutual respect.
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Background of the Case
The case, titled Tulsi Sharma Dhakal vs. State of Sikkim and Others, arose from a transfer order issued to Tulsi Sharma Dhakal, who was serving as District Accounts Manager under the National Health Mission (NHM).
Dhakal challenged his transfer to the post of Finance and Logistics Officer (FLO), claiming it was not a routine administrative move. According to him, the decision followed complaints he had made regarding alleged mismanagement of funds by certain officials.
Feeling humiliated and mentally distressed, he approached the High Court under its civil extraordinary jurisdiction. He argued that the transfer affected his dignity and self-respect at the workplace.
Court records show that counter-complaints had also been made against the petitioner.
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Hearing Before the Court
The matter was heard after detailed pleadings were placed on record. Counsel for the petitioner and the State were present, and several respondents appeared in person.
Chief Justice Mustaque noted that after hearing all parties, he felt a direct interaction between them might resolve the issue.
“Upon hearing the parties, this Court was of the considered view that an interaction between them… would likely resolve the issues,” the bench observed.
The judge indicated that the dispute did not appear to involve violation of fundamental rights or any specific statutory employment protection. Instead, it seemed rooted in workplace misunderstandings.
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Court’s Observations on Workplace Communication
During the hearing, the court made broader observations about professional environments and communication gaps.
“It is often observed that, although a workplace is metaphorically described as a place of worship, it is not always equipped to address personal grievances,” the bench remarked.
The judge suggested that ineffective communication often leads to hostility and unnecessary litigation. In this case, the petitioner appeared to have perceived the transfer as an act of humiliation.
The court noted that better communication within the department might have prevented the dispute from reaching the courtroom.
Chief Justice Mustaque also emphasized personal responsibility within organizations, stating that employees should introspect rather than blame others for perceived grievances.
Amicable Settlement
Following an in-chamber interaction, both sides agreed to move forward professionally.
Officials appearing before the court submitted that they had no intention to initiate any action against the petitioner based on the complaints received.
The bench recorded this submission. It was also agreed that Dhakal had no further grievance regarding his posting as Finance and Logistics Officer.
Both parties assured the court that they would work together in the best interest of the organization, maintaining mutual respect and dignity.
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The Decision
Recording the assurance that no adverse action would be taken against the petitioner, the court closed the proceedings.
“I close this Writ Petition appreciating both Petitioner and Respondents who appeared before me in person, bringing the issue to an amicable conclusion,” the Chief Justice stated.
The writ petition, WP (C) No. 70 of 2025, was accordingly disposed of on February 13, 2026.
Case Title: Tulsi Sharma Dhakal vs. State of Sikkim and Others
Case No.: WP (C) No. 70 of 2025
Decision Date: 13 February 2026
