Achyut Bose v. State Of West Bengal And ORS.

09.03.2021.

WPA 1682 of 2021 jks Ct.

Achyut Bose.

Vs The State of West Bengal & Ors.

Mr. Narayan Ch. Mandal, Mr. Chandan Chakraborty, ...For the Petitioner.

Md. Yasin Ali, Ms. Tapati Samanta, ...For the State.

Supplementary affidavit filed by the petitioner, be kept on record.

Learned Counsel appearing for the petitioner submits that the petitioner has made a representation before the District Library Officer and the Secretary, Local Library authority, South 24 pgs. but such representation dated 2nd March, 2021 has not been considered by the respondent no.3 till date.

Mr. Ali, learned Counsel appearing for the State submits that this inter district transfer from South 24 pgs. to North 24 pgs. has to be made as a coordinated effort by and between the District Library Officer, South 24 pgs and the District Library Officer, North 24 pgs. and if both officers comes to an agreement then the order to be passed by the District Library Officer, South 24 pgs. and consented by the District Library Officer, North 24 pgs. will be sent to the Director of Library Services, Government of West Bengal, who will pass necessary order for transfer.

Heard both the parties.

As a first step let the District Library Officer and the Secretary, South 24 pgs. consider the representation of the petitioner and coordinate with the District Library Officer and the Secretary, North 24 pgs. before passing a reasoned order for transfer. The writ petitioner is directed to serve a copy of this order along with a copy of the writ petition and supplementary affidavit to the District Library Officer and the Secretary, North 24 pgs. and the Director of Library Services, Government of West Bengal. The District Library Officer and the Secretary, South 24 pgs should give an opportunity of hearing to the petitioner and allow the petitioner to produce necessary documents at the time of hearing before passing a reasoned order and endeavor should be made by both the District Library Officers, so that an agreement can to be arrived at between them and necessary order to be communicated to the Director of Library Services, who will take the final call regarding the issue. All the above exercise should be concluded within a period of sixteen weeks from date.

The writ petition being WPA 1682 of 2021 is accordingly disposed of.

There will be no order as to costs.

Since no affidavit have been invited, the allegations made in the writ petition are deemed to have

been denied.

Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Rajarshi Bharadwaj, J.)