LAWS(GAU)-1998-8-21

ASWINI KUMAR SINHA Vs. STATE OF TRIPURA

Decided On August 12, 1998
ASWINI KUMAR SINHAS Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) By this common judgment Civil Rule No.257 of 1998 and Civil Rule No. 258 of 1998 are proposed to be disposed of at the stage of Motion.

(2.) Mr. U.B.Saha, learned Government Advocate accepted notice on behalf of the respondents in both the cases. Mr. D.B.Sengupta and Mr. C.S.Sinha , learned Advocates appeared for the petitioners. I have heard the argument advanced by all of them.

(3.) The Government of Tripura formulated guidelines in respect of special privilege in the matter of transfer of office bearers of recognised associations Vide Memorandum No. 23 (24)-GA/93 dated 28.2.1994. The petitioner in Civil Rule No.257 of 1998 is the Treasurer of State Committee of the Tripura Employees' Action Committee, a constituent body of all Tripura Employees Federation and the petitioner Shri Sanjib Kar of Civil Rule No. 258 of 1998 is the General Secretary of All Tripura Employees' Federation, Khowai Sub-Division. It is alleged that they have been transferred in violation of the provisions of the said guidelines. In both these writ petitions, the validity of the transfer orders of the writ petitioners have been challenged on the ground that the transfer orders were issued without obtaining prior approval of the concerned departmental Ministers.