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2007 Supreme(Cal) 329

PRATAP KUMAR RAY, TAPAS KUMAR GIRI
SHYAM BEHARI PANDEY – Appellant
Versus
DIRECTOR GENERAL, RAILWAY PROTECTION FORCE – Respondent


Advocates Appeared:
BINOD KUMAR GUPTA, Chittaranjan Bag, Milan Bhattacharya, Someswar Chakraborty

PRATAP KUMAR RAY, J.

( 1 ) HEARD the learned Advocates appearing for the parties.

( 2 ) THIS appeal has been preferred assailing the judgment and order dated 7th March, 2007 passed by the learned Trial Judge in W. P. No. 22415 (W) of 2006 whereby and whereunder the impugned order of the writ application passed by the Director General/rpf on 11 th August, 2006 rejecting the representation on issue of transfer, was not interfered with.

( 3 ) THE learned Trial Judge considered the writ application as advanced by the respective writ petitioners on the point that even if there was any discrimination on issue of passing of a transfer order by allowing the representation of others, the same cannot be the subject-matter of the judicial review on the ground that the applicability of Article 14 of the constitution of India never could be construed in the negative angle but in the positive angle. However, before us on perusal of the records and documents it appears that there is a question of jurisdiction on issue of such transfer order having regard to the Standing Order No. 70 dated 27th September, 2004 as relied upon by the Director General aforesaid vis-a-vis the tenure of posting of a























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