SHYAM SUNDAR CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Rule is directed against an order of transfer dated 9. 12. 74 passed by the post Master General, West Bengal Circle by which the petitioner was transferred from Lake Gardens Post Office in South Calcutta Division to Janka s. O. in Contai Sub Division. The said order of the Post Master General was conveyed to the petitioner by the Superintendent of Post Office, South Division by his memorandum dated 10. 12. 74.

(2.) THE petitioner is a postman posted at Lake Gardens Post Office for the last 3 years. It is alleged that petitioner is an active and important member of the All India Postal Employees' Union. On or about 17th December, 1974 the petitioner received by a registered post the impugned order of transfer stating inter alia that he would be struck off forthwith from the Establishment of the South Calcutta Division and to be borne in the establishment of the Contai Sub Division, where he was transferred and posted to work as a postman at Janka Sub-Post Office. The petitioner made a representation to the respondent Nos. 2 and 3 protecting against the order of transfer and pointing out that a postman could not be transferred outside the division according to the rules.

(3.) IT is alleged in the petition that the order of transfer is illegal and arbitrary and the respondents have acted malafide to remove the petitioner from calcutta for collateral purposes. It is stated that under rule 37 of P. and T. Manual, Volume IV the power to transfer a postman from one division to an other cannot be made without "very special reasons". The petitioner being aggrieved by the said order of transfer moved this Court in an application under Article 226 of the Constitution and obtained the present Rule.