LAWS(CAL)-2018-2-224

MIR AURANGZAB Vs. UNION OF INDIA & ORS

Decided On February 07, 2018
Mir Aurangzab Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) This is an application arising out of the appeal preferred against an order dated Nov. 3, 2017 passed by the learned Single Judge in the writ application. By virtue of the order impugned to this appeal, there was direction upon the parties for exchanging affidavits. However, the prayer made on behalf of the appellant/writ petitioner for granting interim relief was refused by virtue of the order impugned to this appeal.

(2.) The subject matter of challenge in the writ application was an order dated Oct. 18, 2017 passed by the respondent authority transferring the appellant to an equivalent post on administrative ground in terms of note made paragraph-3 of the Director General's directive No.32 dated Sept. 18, 2014.

(3.) It is submitted by Mr. Achin Kumar Majumder, the learned Advocate appearing on behalf of the appellant/writ petitioner that the appellant/writ petitioner was transferred from the existing place of working within six months from the date of his posting in the existing post. According to him, it was a departure from the provisions of the Director General's directive No.32 dated Sept. 18, 2014. It is further submitted by Mr. Majumder that no reason was assigned in the order of transfer impugned to the writ application for his pre- mature transfer from the existing post. It is also submitted by Mr. Majumder that from the order impugned to this appeal, it is evident that on scrutiny of the materials produced before the learned Single Judge, it was ascertained by him that there was a decision to transfer him to a non-sensitive post in view of the proposed enquiry to the specific allegation received by the authority against the appellant/writ petitioner. So, according to him, it was a punitive transfer.