TOHELI SUMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) THE appellant who was the writ petitioner is aggrieved by dismissal of her writ petition, which was filed challenging the order of her transfer, which was admittedly issued in extraneous consideration to accommodate the respondent. The learned Single Judge has declined to interfere with the order of transfer primarily on the ground that the political authority at whose behest the transfer order was issued was not party respondent to the proceeding. The learned Single Judge has also referred to some authorities both of the Apex Court as well as this Court so as to highlight the principles relating to transfer of Government servants to sustain the impugned order of transfer. Being aggrieved, the petitioner has filed the instant writ appeal.

(2.) WE have heard Mr. B. Chakraborty, learned counsel for the appellant as well as Ms. T. Krow, learned State Counsel. We have also heard Mr. S. K. Deori, learned counsel for the private respondent.

(3.) IT is on the above basis the respondent No. 4 was transferred and posted as DIS, Zunheboto at the cost of the writ petitioner/appellant. Although in the note there was no mention about the appellant, but her transfer from Zunheboto was bound to follow since the desire of the Parliamentary Secretary was to have the respondent No. 4 as the DIS, Zunheboto.