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Tripura High Court
Smt. Bhajana Biswas vs The State Of Tripura (Represented By The on 4 February, 2026
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
IA 01 of 2026
In WP(C)No.42 of 2026
Smt. Bhajana Biswas
Daughter of Late Amrit Lal Biswas,
Moharchara, Kamalnagar,
Kalyanpur, Khowai, Tripura-799 203
---Applicant(s)
Versus
1. The State of Tripura (represented by the
Secretary, Department Information & Cultural
Affairs, Govt. Of Tripura), New Secretary Complex,
Kunjaban, Agartala
2. The Director, Information, Cultural Affairs,
Govt. of Tripura, Gangail Road, Agartala, West Tripura
3. The Senior Information Officer,
Sub-Division ICA Office,
Teliamura, Khowai Tripura
----Respondent(s)
For Applicant(s) : Mr. Dhruba Jyoti Saha, Adv.
For Respondent(s) : Mr. Mangal Debbarma, Addl. G.A.
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
04/02/2026
Learned Counsel Mr. D. J. Saha is present for the applicant-
petitioner.
Learned Addl. G.A Mr. M. Debbarma is present on behalf of
the respondents.
This present applicant-petitioner has challenged the transfer
order dated 06.12.2025 issued by the respondents and by filing
this IA prayed for suspension of the said transfer order till disposal
of the main petition.
Heard both the sides.
It is the case of the applicant-petitioner that she is posted in
the office of SDICA office Teliamura since 2023 and by an office
order dated 24.08.2023 [Annexure-1] her duty was allocated.
Thereafter again on 04.12.2025 [Annexure-2] the allocation of
duty in respect of the applicant-petitioner and others were
changed by the concerned Senior Information Officer and by the
order it was intimated to her that she will only perform the duties
related to the organization of all kinds of cultural activities related
works, field activities as and when assigned by the Officer-in-
Charge with further direction to hand over all the files related to
cultural activities in her custody. After that on 08.12.2025 she
submitted one representation to the local Officer requesting to
handover the files. But that was not taken into consideration for
smooth functioning of the office. Thereafter the respondents-
authority on 06.12.2025 [Annexure-7] issued one show-cause
notice to give explanation in respect of some vouchers for an
amount of Rs.62,651/-. According to Learned Counsel the
application-petitioner in pursuance of the said show-cause notice
submitted her reply on 15.12.2025. But surprisingly on the same
date the respondents-authority by an office order dated
06.12.2024 [Annexure-4] has transferred her from SDICA office
Teliamura to SDICA office Belonia which caused severe hardships
to the present applicant-petitioner. According to Learned Counsel
the petitioner is on the verge of retirement and her mother is
more than 90 years and she is in bad ridden condition and if at
this stage she is to shift from Teliamura to Belonia in that case
that will cause undue hardships to her for which the applicant-
petitioner has approached this case for setting aside the said
transfer order and also to stay operation of the said transfer order
till disposal of the writ petition.
It was further submitted by Learned Counsel for the
petitioner that she has been suffering from severe illness and she
was admitted in Teliamura Sub-Divisional Hospital with effect from
10.01.2025 to 16.01.2025 with some complications and still she is
undergoing treatment. So Learned Counsel urged for taking
lenient view in this regard. In support of his contention Learned
Counsel relied upon one order of the Hon'ble Supreme Court of
India in Somesh Tiwari vs. Union of India and Others
reported in 2009 AIR(SC)1399 wherein in para Nos.19 and 20
Hon'ble the Apex Court observed as under:
"19. Indisputably an order of transfer is an administrative order.
There cannot be any doubt whatsoever that transfer, which is
ordinarily an incident of service should not be interfered with, save
in cases where inter alia mala fide on the part of the authority is
proved. Mala fide is of two kinds - one malice in fact and the second
malice in law.
20. The order in question would attract the principle of malice in law
as it was not based on any factor germane for passing an order of
transfer and based on an irrelevant ground i.e. on the allegations
made against the appellant in the anonymous complaint. It is one
thing to say that the employer is entitled to pass an order of transfer
in administrative exigencies but it is another thing to say that the
order of transfer is passed by way of or in lieu of punishment. When
an order of transfer is passed in lieu of punishment, the same is
liable to be set aside being wholly illegal."
Relying upon the same it was submitted from the order of
transfer issued by the respondents-authority it appears that she
has been transferred out of malice, to save others which needs to
be interfered with.
On the other hand, Learned Addl. G.A. Mr. M. Debbarma at
this stage sought for seeking appropriate instructions from the
department. This submission is not at all acceptable because this
case was posted on 22.01.2026. After that it was posted on
27.01.2026. But in spite of allowing opportunity nothing could be
submitted by the state-respondents. However, I am satisfied with
the submission of the Learned Counsel for the applicant-petitioner.
It appears that by one memo dated 06.12.2025 [Annexure-7] she
was asked to show-cause to give some explanation and
surprisingly on the same date by another order she was
transferred from SDICA Teliamura to SDICA Belonia which shows
arbitrariness on the part of the respondents-authority and this sort
of action on behalf of the respondents cannot be permitted in the
eye of law.
In view of the above, the order of transfer issued by the
respondents-authority which shall remain suspended/stayed till
disposal of the writ petition.
With this observation this IA stands disposed of.
A copy of this order be supplied to Learned Counsel
appearing for the applicant-petitioner.
Also a copy of this order be communicated to Learned Addl.
G.A appearing for the State-respondents for information and
compliance.
JUDGE
MOUMITA Digitally signed by MOUMITA
DATTA
DATTA Date: 2026.02.05 10:31:50 +05'30'
Moumita
