BHAJAN CHANDRA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution is directed against the order 9.2.95(Annexure-8) transferring the petitioner from his present place of posting issued by the Respondent No. 2 Principal Chief Conservator of Forest, Government of Tripura.

(2.) I have heard Mr. A.K. Bhowmik, learned senior counsel for the petitioner as well as Mr.U.B. Saha, learned Govt. Advocate, Tripura appearing for the State-Respondents, I have also considered the records of the case including the affidavit-in-Opposition by the State-Respondents, affidabvit-in-reply by the petitioner, additional affidavit-in-opposition by the State-Respondents and additional affidavit-in-reply by the petitioner.

(3.) The petitioner was appointed as Lower Division Clerk in the Forest Department on 7.10.1974 and promoted to the post of Upper Division Clerk w.e.f. 6.4.1981. According to the petitioner, he has been the General Secretary of the State Level Central Executive Committee of Forest Employees Association, a Constituent of Tripura Sramik Shikshak Karmadhari Morcha since 1987 and that he has also been the General Secretary of the State Level Central Executive Committee of Tripura Nationalist Employees Federation Since 1992. The Nationalist Employees federation along with its constituent Apex Body Tripura Sramik Shikshak Karmachari Morcha was recognised by the Government of Tripura vide Memorandum dated 11.1.1990 (Annexure-1). It is alleged that the Respondents started treating the petitioner with hostile attitude since last part of 1993. It is further alleged that the respondent No. 2 Principal Chief Conservator of Forest issued the impugned order dated 9.2.95 (Annexure-8) transferring him from the office of the Divisional Forest Officer, Working Plan Division No. n at Agartala to the Office of the Conservator of Forest, Northern Circle, Kumarghat in violation of the Tripura Government Memorandum dated 28.2.94(Annexure-9) allowing special privilege in the matter of transfer to three State Level Office bearers of recognised employees Association or its constituent Unit. The relevant portion thereof reads as under.