SARMILA GHOSH Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-4-24
HIGH COURT TRIPURA
Decided on April 08,2021

Sarmila Ghosh Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) This petition is filed by a Police woman who is in service of Tripura State Police as a constable. She has challenged her order of transfer dated 15.09.2020 passed by the Director General of Police. Her case is that the order of transfer suffers from mala fides. The ground of mala fides she has sought to establish on the basis of two factors. First is that her husband who is a lawyer, had been tested positive for coronavirus in the month of August, 2020 and for treatment of which he had been admitted in AGMC and GBP Hospital, Agartala which is a Government hospital as an indoor patient between 20.08.2020 to 24.08.2020. On 13.09.2020, 'Dainik Sambad', a daily published from Agartala in vernacular language had published an article describing the experience of the husband of the petitioner while he was admitted as a patient in the said Government hospital. The husband had made certain critical statements about his experience and the facilities at the treatment centre. Soon thereafter, according to the petitioner some influential people had contacted her husband and asked him to retract the statements which he was not willing to do. By way of retribution, the petitioner was visited by the impugned order of transfer dated 15.09.2020 which was thus punitive.
(2.) The second limb of the petitioner's ground of mala fides is that she is a sportswoman and is an active volleyball player. She was selected for appointment in the department on sports quota and she had been representing the State Police Women's team in volleyball since several years. According to her, in order to ensure that all sportspersons can practice together and as a team, it is the policy of the State Government not to transfer such sportspersons. She has cited several instances where such sportspersons are retained at the same centre for long period of time.
(3.) The respondents have strongly opposed the petition, denied the allegations of mala fides and contended that the petitioner was transferred by way of administrative exigency. They point out that since her joining the department in the year 2006, the petitioner has been retained at Agartala. The petitioner is holding a transferable post and the petition should be dismissed. The respondents also dispute the petitioner's theory of retaining her at Agartala on account of her being an active member of the women's volleyball team. In an affidavit dated 15.02.2021 filed by one Shri Arup Deb, Deputy Secretary to the Government of Tripura, Department of Home it is stated that the petitioner was a sportsperson and had participated in state level and national level volleyball championships. However, she last participated in a state level volleyball championship in February, 2012. Thereafter, for more than 8 ½ years since then she has not participated or represented Tripura Police in any national or state level volleyball championship. She, therefore, cannot be regarded as an active sportsperson. In this affidavit, it is also stated that several players who were previously included in the volleyball team but had not performed satisfactorily, were repatriated to their parent departments and they were shifted from Agartala.;


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