LAWS(TRIP)-2019-1-57

RAJIB NAG Vs. STATE OF TRIPURA

Decided On January 14, 2019
Rajib Nag Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Heard Ms. R Purkayastha, learned counsel appearing for the petitioner as well as Mr. N Choudhury, learned GA appearing for the respondents.

(2.) The petitioner, who was posted as an Officer on Special Duty [OSD in short] in the office of Inspector General (Prisons) has challenged the order of transfer contained in the notification No.F.2(8)-GA(P&T)/98(Part-1) dtd. 2/8/2018 [Annexure-E to the writ petition] on the solitary ground that the said transfer order has been issued mala fide, not in the public interest as espoused in the body of the order. By the order dtd. 31/8/2018, this court had stayed the operation of the said order dtd. 2/8/2018 until further orders. Hence, the petitioner is still serving in the same place of posting though he was released by the order under No.8/IGP/2017/3336-44 dtd. 3/8/2018 (Annexure-C to the writ petition).

(3.) Ms. Purkayastha, learned counsel has submitted that the file for transferring the petitioner was initiated by a Lower Division Clerk. The note given by the said lower division clerk is marked as Note No. 2 and is available at page 33 of the writ petition. It reads as under: