Dipankar Mojumder vs The State Of West Bengal & Ors
2024 Latest Caselaw 5235 Cal

Calcutta High Court (Appellete Side)

Dipankar Mojumder vs The State Of West Bengal & Ors on 30 October, 2024

30.10.2024
 Sl. No.51
 akd/AP
                                     W. P. A. 26437 of 2024

                      [Dipankar Mojumder -Vs- The State of West Bengal & Ors.]



                           Mr. Afsar Ali
                                                   ... ... for the petitioner

                           Mr. Santanu Mitra .. Sr. Govt. Advocate
                           Mr. Vijay Agarwal
                           Ms. Joyee Maity
                                                ... ... for the State


             1.   The petitioner is aggrieved that in violation of the settled

             principles of law against the punitive or harassive transfer, the

             authorities had induced similar kind of transfer in his case,

             beyond 450 kms. distance from his earlier place of posting.

             2.   Learned Advocate appearing for the petitioner through

             video conference has indicated that there are vacant posts within

             the jurisdiction of the earlier office, where the complainant could

             have been transferred to during the pendency of the proceedings

             initiated on the basis of her complaint. However, it is alleged that

             the authorities have undertaken a step harassive to the

             petitioner. Instead of transferring the victim at her convenience,

             the petitioner has been transferred as a punitive measure taken

             against him, that too in contravention of the settled principles of

             law. In this regard, a judgment of the Hon'ble Madhya Pradesh

             High Court has been relied on and referred to by the petitioner

             (W.P. 17827 of 2024, order dated 03.09.2024).

             3.   The State respondents are represented.

4. Considering the facts and circumstances the writ petition is

disposed of directing the respondent no.2 to consider and

dispose of the petitioner's representation dated 06.08.2024 after

affording opportunity of hearing to the petitioner as well as the

responsible person in the erstwhile office of his and the private

respondent.

5. Let the respondent no.2 dispose of the representation as

above within a period of four weeks from the date of

communication of a copy of this order and pass a reasoned

order.

6. There shall be no order as to costs.

7. All parties shall act on a server copy of this order duly

downloaded from the official website of this Court.

(Rai Chattopadhyay, J.)