The single judge dismissed the writ petition challenging the petitioner's transfer from one Gram Panchayat to another. The court rejected the delay as excessive and stated no relief could be granted.
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13.04.2021 Ct. No.13 Sl. No.305 akd
W.P.A. 1095 of 2021 [via video conference]
[Chaitali Barman Karmakar -Vs- State of West Bengal & Ors.]
Mr. Samim Ahmed … … for the petitioner
Mr. Susanta Pal Mr. Ananda Dulal Sarkar … … for the State
The writ petitioner is aggrieved by order dated 8th December, 2017 by which she was transferred from Hatgacha to Bermajur-II Gram Panchayat.
It is submitted that the order of transfer ex-facie reveals that it is punitive. It is alleged in the said order that the petitioner was being transferred for stopping nutrition programme at the Anganwadi centre on 1st February, 2017.
Ex-facie the order of transfer appears to be punitive and issued for reasons other than administrative exigency. However, this Court finds that the order of transfer is dated 8th December, 2017 and the same has been challenged by filing the instant writ application affirmed on 7th January, 2021.
Although learned counsel for the petitioner submits that he is conducting the matter pro-bono and the petitioner was physically assaulted for not being a member of the ruling party, the said allegations, even if accepted, cannot explain the delay of more than three years in approaching the court.
For the reasons stated hereinabove, no relief can be granted to the petitioner.
Hence, the writ petition must fail and is hereby dismissed.
2
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for,
be given to the parties on usual undertaking.
(Rajasekhar Mantha, J.)
1 issue framed by the court
Whether the writ petition should be allowed despite allegations of punitive transfer?
Chaitali Barman Karmakar
State of West Bengal
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
