ABDULRAB I. SOUDAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Dr. Ashok Kumar Mohapatra, learned Senior Advocate appearing on behalf of the appellant and Sri Bimbisar Dash, learned Central Government Counsel for the respondents.

(2.) The appellant is a Constable in the Central Industrial Security Force (CISF). Being aggrieved by the order of his transfer dated 14.06.2016 from CISF Unit, Damanjodi, Koraput, Odisha to CISF Unit, BLSM, Bhawanathpur, the appellant filed writ petition bearing W.P.(C). No. 10602 of 2016, which was dismissed by order dated 23.06.2016 holding that the transfer is an incidence of service and in absence of any mala fide exercise of power, the writ Court would not interfere with the order of transfer. Challenging the same, this writ appeal has been filed on 29.06.2016 and on 01.07.2016 an interim order staying the order of transfer dated 14.06.2016 was granted, which was extended from time to time.

(3.) A counter affidavit has been filed by the respondents, copy of which was served on learned counsel for the appellant on 04.10.2016 and despite time having been granted, no rejoinder affidavit has been filed.