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2008 Supreme(Gau) 703

UTPALENDU BIKAS SAHA
M. A. Ezung – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: I. Longjem, Adv.
For Respondents/Defendant: L.S. Jamir and T.B. Jamir, Advs.

JUDGMENT

U.B. Saha, J.

1. The challenge in this writ petition is to the transfer order dated 11.7.2008 (Annexure-A to the writ petition) whereby and whereunder the Petitioner has been transferred from Wokha to Longleng as Chief Medical Officer on the ground that the said order is a frequent transfer order and in violation of Office Memorandum dated 5.10.1990 (Annexure-B to the writ petition) and also a mala fide one.

2. Heard Mr. I. Longjem, learned Counsel for the Petitioner as well as Mr. L.S. Jamir, learned Senior Addl. Govt. Advocate appearing for the State Respondents and Mr. T.B. Jamir, learned Counsel appearing for the private Respondent No. 3.

3. The pleaded case of the Petitioner is that he was appointed in the year 1980 as Assistant Surgeon-I and was posted at Baghty Block, Wokha. Thereafter, he was transferred from the said Block to Bhandari vide order dated 17.11.1982 and again he was transferred from one place to Anr. within a very short tenure and ultimately, he was transferred from Kohima to Wokha vide order dated 25.9.2006 and till the issuance of the impugned order dated 11.7.2008 by which he has been transferred from Wokha to Longleng, he was working at Wokha.

Being ag














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