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Judgment
Arindam Lodh, J
Heard learned counsel appearing for the parties substantially.
Issue Notice calling upon the respondents to show cause as to why a Rule shall not be issued, as prayed for; and/or why such further and other order(s) shall not be passed as to this Court may deem fit and proper.
Notice is made returnable on 02.02.2024.
Since Mr. M. Debbarma, learned Additional GA appears and accepts notice on behalf of all the respondents, issuance of formal notice is waived.
It is a fact that the petitioner has been transferred very frequently. It is to be kept in mind that transfer is incidental to service. It is true that if the petitioner is transferred from Sonamura Sub-Jail to Gandacherra Sub-Jail, there will be no Pharmacist in Sonamura Sub-Jail. It is also true that there is no Pharmacist posted at Gandacherra Sub-Jail.
However, I direct learned Additional GA to seek instructions from the respondents under what circumstances the petitioner has been transferred from Sonamura Sub-Jail to Gandacherra Sub-Jail and to file a short affidavit stating the grounds for such frequent transfer of the petitioner within the returnable date.
Meanwhile the transfer order dated 05.12.2023 and the subsequent release order dated 07.12.2023 thereof shall be kept in abeyance.