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2004 Supreme(Gau) 629

BIPLAB KUMAR SHARMA
Prasanna Kumar Nath – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A.C. Borbora and U.K. Nair, Advs.
For Respondents/Defendant: A.C. Buragohain, R. Chakraborty and N. Dutta, Advs.

Judgment :

B.K. Sharma, J.

1. This writ application is directed against an order dated 7.8.2004 by which the petitioner has been transferred from Nalbari to Bongaigaon and the respondent No. 5 has been transferred from Mangaldoi to Nalbari to the replacement of the petitioner.

2. By a Notification dated 14.7.2002, the petitioner, a member of the Assam Civil Service and whose services was placed at the disposal of the Panchayat and Rural Development Department was appointed as Project Director and posted at the DRDA, Nalbari to the replacement of the respondent No. 5. Prior to that, the respondent No. 5 had functioned as the Project Director, DRDA, Nalbari for the period from 16.9.1997 to 24.7.2002.

3. Pursuant to the said Notification dated 14.7.2002, the petitioner joined as Project Director, DRDA, Nalbari and according to him he could detect many irregularities including financial irregularities committed by the respondent No. 5 during his tenure as the Project Director, DRDA, Nalbari. Various irregularities purportedly committed by the respondent No. 5 had been highlighted in the writ petition and the purported steps undertaken by the petitioner to streamline the functioning of the
























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