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14. Learned Counsel for the appellant points out that till date the necessary approval required for shifting of Geo-Textiles Cell and Soil Testing Laboratory to NERC, Guwahati is pending consideration before the Office of the Jute Commissioner and, until such approval is granted, IJIRA cannot shift its Geo-Textiles Cell and Soil Testing Laboratory to NERC, Guwahati.

15. Learned Counsel for the appellant has argued that unless and until IJIRA obtains necessary approval from the Ministry of Textiles to shift its Geo-Textiles Cell and Soil Testing Laboratory to NERC, Guwahati, the appellant could not have been transferred to Guawahati.

16. Learned Counsel for the appellant submits that the order of transfer of the appellant to Guwahati solely depends on the approval being granted by the Ministry of Textiles allowing IJIRA to shift its Geo- Textiles Cell and Soil Testing Laboratory to NERC, Guwahati and till date no approval has been granted by the Ministry to shift the Geo- Textiles Cell and Soil Testing Laboratory to NERC, Guwahati. Hence, the order of transfer of the appellant is vitiated.

17. Mr. Vivekananda Bose, Ld. Counsel appearing on behalf of the Respondent nos. 3 and 5, IJIRA, submits that shifting of the Geo- Textiles Cell and shifting of Capital Assets are two different actions and, in the facts of this case, such shifting does not warrant the approval of the Ministry of Textiles.

18. Learned Counsel for the respondents submits that there exists a Geo- Textiles Cell both at Kolkata as well as Guwahati along with Soil Testing Laboratories attached to them. Only for the purpose of better utilization of Capital Assets lying idle at Soil Testing Laboratory in the Geo-Textiles Cell in Kolkata, the same are proposed to be shifted to the existing set-up at the IJIRA-NERC Office at Guwahati.

19. Learned Counsel for the respondents submits that such decision is a policy matter connected to the internal administration of IJIRA which is independent of any approval from the Ministry of Textiles.

33. As per the details submitted by IJIRA to this Court on Affidavit, the following equipments are available at NERC-IJIRA for Soil Testing at Guwahati:-

EQUIPMENTS AVAILABLE AT NERC-IJIRA FOR SOIL TESTING: (GUWAHATI) Sl. Equipment Parameters No 1 Plastic Limit Set To determine plastic Limit of soil 2 Compaction Test by Light Compaction & To determine the strength and deformation behaviour of soil Compaction Test by heavy before designing a soil retaining compaction structure (Standard Proctor Apparatus) 3 Casagrande Appartus For Liquid limit Determination 4 Oven For Moisture Content Determination 5 CRB Hand operated, with For CBR value determination for Accessories virgin soil sample 6 Portable California Bearing Ratio tester (Equipment for For CBR value determination for virgin soil sample collection for virgin soil sample determination of California Bearing Ratio) 7 Sieve Shaker hand Operated For sieving 8 Sets of sieve for Grain size For coarse grain soil only distribution with L & P 9 Rapid Moisture Meter To perform water content test instantly on site 10 Sand pouring cylinder for field To determine dry density of the density determination soils sample