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2008 Supreme(Gau) 804

J.CHELAMESWAR, BIPLAB KUMAR SHARMA
Tohelisumi – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: A.K. Goswami, M.H. Rajbarbhuya, B. Chakraborty and R. Chetri, Advs.
For Respondents/Defendant: T. Khro and S.K. Deori, Advs.

JUDGMENT

B.K. Sharma, J.

1. The Appellant who was the writ Petitioner is aggrieved by dismissal of her writ petition, which was filed challenging the order of her transfer, which was admittedly issued in extraneous consideration to accommodate the Respondent. The learned Single Judge has declined to interfere with the order of transfer primarily on the ground that the political authority at whose behest the transfer order was issued was not party Respondent to the proceeding. The learned Single Judge has also referred to some authorities both of the Apex Court as well as this Court so as to highlight the principles relating to transfer of Government servants to sustain the impugned order of transfer. Being aggrieved, the Petitioner has filed the instant writ appeal.

2. We have heard Mr. B. Chakraborty, learned Counsel for the Appellant as well as Ms. T. Krow, learned State Counsel. We have also heard Mr. S.K. Deori, learned Counsel for the private Respondent.

3. The Appellant while was serving as Headmistress of Government High School, Asuto was transferred and posted as Deputy Inspector of Schools, Zunheboto against the vacancy occurred due to superannuation of the incumbent. While sh




































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