DEEPAK LALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.S. Choudhury, learned counsel for the petitioner and Mr. T.C. Chutia, learned Govt. Advocate for the respondents as well as Mr. N. Choudhury, learned counsel appearing on behalf of the respondent No. 5.

(2.) The facts leading to filing of the present writ petition is not very pleasant and rather it exposed a disqueating feature as to how the authority in the guise of issuing transfer order shown favour to a particular officer by exercising the power arbitrarily. The petitioner is a Block Development Officer working under the Department of Panchayat and Rural Development. The 5th respondent is an Assam Civil Service Officer and working as Circle Officer under the Deputy Commissioner, Karimganj. At the relevant time the petitioner was working as Block Development Officer (hereinafter BDO) at Patharkandi Development Block, Karimganj. By an order dated 22.11.2000 he was allowed to hold the additional charge of Senior BDO of the Block in addition to his own duties vice the incharge Senior EDO relieved of his charge. By the same notification the respondent No. 5 the Circle Officer who was holding the charge of Senior BDO, Patharkandi Development Block has been relieved of additional charge of Senior BDO. Patharkandi Block with immediate effect in the interest of public service. This notification dated 22.11.2000 in respect of the 5th respondent has an important bearing for the purpose of disposal of the case. It is extracted :-

(3.) Pursuant to the aforesaid Notification the petitioner has taken charge as Senior BDO of the Block in addition to his own duties. However, by another Notification dated 29.11.2000 impugned in this writ petition, the petitioner was again transferred purportedly in the interest of public service and posted as BDO, Durlavcharra Development Block in the same establishment with effect from the date he takes overcharge. By the same Notification bearing No. PDD.2/93/PT.II/64-B the aforesaid notification dated 22.11.2000 relieving the respondent No. 5, an officer of Assam Civil Service, from the additional charge of Senior BDO stood cancelled purportedly in the public interest and He was allowed continue to hold the charge as Sr. BDO of Patharkandi Development Block in addition to his own duties. The Notification reads. "NO. DD.2/93/PT.II/64-DGovt. Notification vide NO.PBB.2/93/PT.II/59-B dated 22.11.2000 relieving Shri D. Baishya ACS, from the additional charge of Sr. BDO, Patharkandi Dev. Block stands cancelled in the interest of public service. Shri Baishya is hereby allowed to continue as Sr. BDO of Patharkandi Dev. Block in addition to his duties."