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High Court of TripuraWP(C)/365/2015disposed of

Dilip Sarkar v. The State Of Tripura And ORS

2015-09-14Hon'Ble Mr. Justice S. Talapatra1 pages

Case No :WP(C) 0000365/2015 Party Name : DILIP SARKAR Vs THE STATE OF TRIPURA & ORS THE HONBLE MR. JUSTICE S.TALAPATRA By the representation dated 28.07.2014, Annexure-1 to the writ petition and the representation dated 23.06.2014, Annexure-2 to the writ petition, the petitioner approached the competent authority, the Director General of Police, Tripura for considering his transfer vice Sri Dilip Sarkar, Sub-Inspector (Un-Armed) Branch of West Tripura District on compassionate ground.

According to the petitioner, the said Sub-Inspector Sri Dilip Sarkar is desirous of getting transferred to the place where the petitioner is presently posted. The petitioner is posted at Srinagar Police Station, West Tripura District. The grievance as projected in this writ petition is that the competent authority even after expiry of one year did not consider the said representation. Mr. A. Sengupta, learned counsel appearing for the petitioner has submitted that the competent authority in the past has considered such type of mutual transfers on compassionate ground.

Mr. T.D. Majumder, learned G.A. appearing for the respondents has submitted that the petitioner does not have any indefeasible right to enforce transfer on the ground that one person holding the similar post has agreed to be transferred in his place. Be that as it may, this Court is, without any interference on merit, of the considered opinion that by the following direction this writ petition can be disposed of: The Director General of Police, Tripura is directed to consider the representations dated 28.07.2014 and 23.06.2014, Annexures-1 & 2 respectively to the writ petition, within a month from today by a reasoned order and communicate the outcome of such consideration to the petitioner.

A copy of this order be furnished to Mr. T.D. Majumder, learned G.A. in the course of the day for doing his needful.

The petitioner is permitted to furnish any additional information which may be relevant for such consideration within a week from today.

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