Tripura High Court
Sri Debasish Sarkar vs The State Of Tripura on 27 November, 2018
Author: Sanjay Karol
Bench: Sanjay Karol
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.1098/2018
Sri Debasish Sarkar, S/O. Late Nihar Ranjan Sarkar, Resident of
village-New Town Road, Udaipur, PO-R.K. Pur, PS-R.K. Pur,
District-Gomati Tripura, PIN-799120.
----Petitioner(s)
Versus
1. The State of Tripura, represented by the Principal Secretary,
Department of Agriculture, Government of Tripura, having his
office at Secretariat Building, P.O. Kunjaban, P.S. New Capital
Complex, District-West Tripura, PIN-799006.
2. The Principal Secretary, Department of Agriculture, Government
of Tripura, having his office at Secretariat Building, P.O. Kunjaban,
P.S. New Capital Complex, District-West Tripura, PIN-799006.
3. The Deputy Secretary, Department of Agriculture, Government
of Tripura, having his office at Secretariat Building, P.O. Kunjaban,
P.S. New Capital Complex, District-West Tripura, PIN-799006.
4. The Director of Social Welfare & Social Education, having its
office at Abhoynagar, PO-Abhoynagar, PS-East Agartala, District-
West Tripura.
----Respondent(s)
For Petitioner(s) : Mr. Somik Deb, Advocate, Mr. Anujit Dey, Advocate, Mr. Bappu Debnath, Advocate.
For Respondent(s) : Mr. M. Debbarma, Addl. G.A. HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL Order 27/11/2018 The petitioner has prayed for the following reliefs:
"(i) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued, quashing/cancelling/setting aside the impugned Notification dated 06.10.2018 (Annexure-6 supra), insofar as it relates to the petitioner;
(ii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Page 2 of 3 Writ of Mandamus and/or in the nature thereof, shall not be issued, mandating/commending them, to forthwith revoke/rescind the impugned Notification dated 06.10.2018 (Annexure-6 supra), insofar as it relates to the petitioner, and thereupon, direct the respondents, to accord the benefit of choice posting in favour of the petitioner;
(iii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Prohibition and/or in the nature thereof, shall not be issued, restraining/prohibiting them, from acting in any manner, in furtherance of the impugned Notification dated 06.10.2018 (Annexure-6 supra), insofar as it relates to the petitioner;
(iv) In the Ad-interim, and thereafter, on hearing the parties, in the Interim, an Order in terms of Relief (iii) above;
(v) Call for the records appertaining to this petition;
(vi) After hearing the parties, be pleased to make the Rule absolute in terms of (i) to (iv) above;
(vii) Costs of and incidental to this proceeding;
(viii) Any other Relief(s) as to this Hon'ble High Court may deem fit and proper."
Mr. M. Debbarma, learned Additional Government Advocate for the respondents, states that petitioner's representations (Annexures-8 and 9 respectively) shall positively be considered and decided within a period of one week from today in the light of various policies/instructions issued by the Government and till Page 3 of 3 then the writ petitioner shall not be forced to join his transferred station in terms of the impugned order dated 06.10.2018.
Statement of learned counsel for the petitioner is taken on record. Learned counsel for the respondents has no objection to the same.
As such, petition is disposed of in the following mutually agreed terms:
(1) Petitioner's representation shall be considered by the appropriate authority and decided expeditiously in accordance with law and positively within a period of one week from today.
(2) If so required and desired, it shall be open to the writ petitioner to place additional materials in support of earlier representation.
(3) Additionally, if so desired, petitioner may also request for affording opportunity of hearing.
(4) The authority shall positively pass the order in the aforesaid terms, by assigning reasons and copy whereof shall also be supplied to the writ petitioner.
(5) Liberty is reserved to the writ petitioner to subsequently approach the Court for assailing the order, if so required and desired on the same and subsequent cause of action, in accordance with law.
(6) All issues are left open.
(SANJAY KAROL), CJ Pulak