JAYRAM JHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application has been filed praying for stay of operation of the order dated 30th January, 1986 passed by this Court disposing of the writ petition made by the appellant writ petitioner challenging the order 'of transfer of the petitioner from the District of Malda to Calcutta passed by the Commissioner of Excise.

(2.) The petitioner was an excise constable posted in the district of Malda and by the impugned order of transfer, he had been transferred to Calcutta from the district of Malda. It is the case of the petitioner that such order of transfer had been passed because he had lodged certain complaints with the Superintendent of Excise, Malda, and by that process had incurred displeasure of the said Superintendent of Excise.

(3.) The petitioner's further case is that the Commissioner of Excise has no authority to pass an order of transfer of the petitioner outside the Division but by the impugned order of transfer he has been sought to be transferred to Calcutta outside jalpalguri Division. In support of this contention, Mr. Das the learned Counsel for the petitioner, has referred to a Rule framed by the Governor under Article 309 of the Constitution of India on 18th March, 1982 regarding recruitment to the post of Excise Constable in the subordinate excise service, under the Excise Directorate, West Bengal. It has been specified in Rule of the aforesaid Rules that the Commissioner of Excise shall be competent to transfer Excise Constable from the jurisdiction of one Superjacent of Excise to jurisdiction of another Superintendent of Excise under the same Division. Relying on the Rule, Mr. Dos has submitted that the Commissioner of Excise is only competent to effect transfer within the Division itself, but not beyond the Division and hence such an order of transfer passed by the Commissioner of Excise against the petitioner so Illegal on Use face of it and should be set aside by this Court.