LAWS(GAU)-1997-2-21

ISHAQUE ALI BARBHUYA Vs. STATE OF ASSAM

Decided On February 20, 1997
ISHAQUE ALI BARBHUYA Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury learned counsel for the appellant. Also heard Mr. Bora for the Govt. who appears with an advance copy of appeal memo having been supplied to him.

(2.) This appeal arises out of order dated 4,2.97 delivered by the learned Single Judge in Civil Rule No. 281/97 thereby holding that no case of main fide is made out and as such the impugned transfer order dated 6.2.91 did not call for any interference.

(3.) Learned Counsel appearing for the appellant referring to Annexure-4 filed along with this appeal, pointed out that the transfer was at the behest of a Minister. The note contained as per Annexure-4 with a copy had been endorsed to the Minister at item No. 5 which is reproduce as follows: