STATE OF WEST BENGAL Vs. ASHIM KUMAR SARKAR

JUDGEMENT

(1.) -This appeal arises out of a judgment and order passed by a single bench of this Hon'ble Court on 21st December, 1997 in disposing a writ petition being C.O. No. 925 (W) of 1994.

(2.) The respondent/writ petitioner was posted as Assistant Driller in the office of Executive Engineer, Northern Mechanical Division at Siliguri under Directorate of Public Health Engineering Government of West Bengal.

(3.) On 27th May, 1987 he made an application before the authority for voluntary transfer in the office of Suri Sub-Division under Bankura Mechanical Division in view of his personal difficulty to stay in North Bengal. No effect of such application was given for about 4 years. Subsequently by an application dated 22nd March, 1991 he voluntarily withdrew such application due to changed circumstances. But before reaching such application for withdrawal an effect of transfer was given to the said incumbent treating the said transfer as "mutual transfer" in between the writ petitioner and one Sri Bidya Sagar Mahanta. According to the writ petitioner there was no prayer for mutual transfer.