ARPANA SARKAR Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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A.S. Bopanna, J. -
(1.) Heard Mr. N. Haque, learned counsel for the appellant and Mr. D. Saikia, learned Senior Additional Advocate General, Assam, appearing for the State respondents.
(2.) The petitioner in WP(C) No.167/2018 with WP(C) No.461/2018 is before this Court in this intra Court appeal. The learned Single Judge having considered the matter in its entirety, has, through the order dated 12.10.2018, dismissed the writ petition thereby vacating the interim order dated 12.01.2018 passed in WP(C) No.167/2018. With the dismissal of WP(C) No.167/2018, WP(C) No.461/2018 was disposed of as infructuous. In that view, the order of transfer dated 05.01.2018 came to be upheld by the learned Single Judge.
(3.) The learned counsel for the appellant, while assailing the order passed by the learned Single Judge, would seek to contend that the learned Single Judge has failed to notice that the order of transfer is punitive in nature, more particularly, keeping in view the averments that had been put forth in the affidavit-inopposition to the writ petition, wherein the respondents contended that the petitioner, the appellant herein, was found to be arrogant, unhelpful, having uncalled for behaviour, harassing public, etc. In that view, he contends that the order of transfer would attach a stigma to the appellant and, therefore, the order calls for interference. Hence, he contends that the order passed by the learned Single Judge is liable to be set aside and consequently, the order of transfer dated 05.01.2018 is also liable to be set aside.;
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