The Lieutenant Governor And ORS v. Sujata And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WP.CT/58/2023 The Lieutenant Governor and others Vs.

Sujata and others Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the petitioners November 24, 2023 [SR] Item No.3 1.

This writ petition is directed against the order passed by the Central Administrative Tribunal, Kolkata Bench on 26th July, 2023 in the Original Application filed by the respondent/applicant in which she has challenged the transfer order dated 7th July, 2023.

2.

The learned Tribunal, relying upon the decision of the Hon'ble Supreme Court in S.K.Nausad Rahaman and others vs. Union of India and others reported in (2022) 12 SCC 1 and taking into consideration of the relevant factors namely the transfer policy dated 30th July, 2007, passed a limited interim order and the matter was made returnable on 21st August, 2023.

3.

The learned counsel for the petitioners has submitted, on instruction, that the interim order has been extended from to time.

4.

It is submitted that pursuant to the said order, the Administration is facing difficulty.

5.

Since we are not inclined to interfere with the interim order, which, prima facie, discloses the reason and passed upon of hearing the learned counsel appearing for the petitioners, we dispose of the writ petition by directing the Tribunal to dispose of the OA/970/2023 preferably within a period of four months from the next date fixed for hearing. 6.

We make it clear that we have not gone into the merits of the matter.

7.

Since no service was effected upon the respondent, a copy of the order shall be communicated to the original applicant Dr. Sujata, within one week from date. 8.

The writ petition stands disposed of, however, there shall be no order as to costs.

9.

Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Soumen Sen, J. ) ( Siddhartha Roy Chowdhury, J.)