Jogendra Debbarma Vs Tripura Tribal Areas Autonomous District Council and Ors.

Gauhati High Court (Agartala Bench) 28 Sep 2005 CM Application No. 344 of 2005 in W.P.(C) No. 329 of 2005 (2008) 4 GLR 411
Bench: Single Bench

Judgement Snapshot

Case Number

CM Application No. 344 of 2005 in W.P.(C) No. 329 of 2005

Hon'ble Bench

T.Vaiphei, J

Advocates

Koushik Roy, Advocates appearing for Parties

Judgement Text

Translate:

Heard Mr. K. Roy, learned counsel appearing for the petitioner. None appears for and on behalf of the respondents even though notices have

been properly served upon them.

This is an application filed by the petitioner for staying the impugned order dated 12.8.2005 transferring him to Kablaiha R.P. J.B. School under

the Inspector of School, Gandacherra, TTAADC. It is the case of the petitioner that the transfer order is issued mala fide. The law is settled that

the High Court in exercise of its writ jurisdiction do not normally interfere with the transfer order issued by the competent authority unless mala fide

is proved. In the instant case, the petitioner in para14 of the writ petition has asserted that he has been transferred on political reason. The

allegations made against the respondents by the petitioner are quite serious. In the absence of affidavit filed by the respondents denying those

charges and when no representation is made on their behalf despite service of notices upon them, I am of the opinion that the petitioner has made

out a prima facie case. In the result, pending disposal of the writ petition, the transfer of the petitioner in the impugned order dated 12.8.2005 shall

not be acted upon by the respondents.

C.M. Application stands allowed and disposed of.

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