DAYAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner is working as Divisional Officer under the Soil Conservation Department under the Govt. of Assam. By an order dated 28.3.2000, the services of the petitioner were placed at the disposal of Karbi Anglong Autonomous Council, Diphu for posting him as Divisional Officer, Hamren Soil Conservation Division. The Karbi Anglong Autonomous Council accepted the posting of the petitioner as Divisional Officer, Hamren Soil Conservation Division by order dated 5.4.2000. He was thereafter transferred by the authority of the Karbi Anglomg Autonomous Council to Kohora Soil Conservation Division, Dolmara by order dated 19.9.2000. By a notification dated 27.7.2001, the Govt. of Assam Soil Conservation Department made a chain of transfers in the Soil Conservation Department and in the said chain of transfers the petitioner has been transferred from the post of Divisional Officer, Kohera Soil Conservation Department, Kohera and posted as Divisional Officer, Eastern Assam Soil Conservation Division, Dibrugarh. By the said notification Sri P. Barkakati (respondent No. 5) who was posted as Divisional Officer, South Bank Soil Conservation Division, Guwahati has been transferred and posted as Divisiomal Officer, Kohora Soil Conservatism Division, Kohora. By the said notification, Sri J.C. Gogoi (respondent No. 4) has been transferred from the post of Divisional Officer, Eastern Assam Soil Conservation Division, Dibrugarh and posted as Divisional Officer, Soil Conservation Research Division, Guwahati. In this writ petition the petitioner has challenged his transfer from Kohora Soil Conservation Division, Kohora to the Eastern Assam Soil Conservation Division, Dibrugarh by the said notification dated 27.7.2001. On 30.7.2001, this Court issued rule, but did not pass any stay order as prayed by the petitioner and instead observed that the prayer for stay again may be renewed after production of record.

(2.) The records have been produced before the Court today and the prayer for stay has been renewed by Mr A.K. Bhattacharjee, learned counsel for the petitioner. Mr Bhattacharjee submitted that by the office memorandum dated 19th Sept 92 of the Government of Assam, Department of Personnel, Personnel (B), the Government policies of transfer of officials have been laid down and one of the guidelines indicated in the said office memorandum is that where public interest demands that an officer should be transferred from his place of posting even before completion of 3 years in a place, proper justification and grounds may be recorded in writing for the transfer and orders issued only after getting approval of the Chief Minister for such a transfer. Mr Bhattacharjee submitted that this particular guideline laid down in the office memorandum dated 9th September 1992 has been violated because the petitioner has not completed 3 years service either under the Karbi Anglong Autonomous Council or at Kohora Soil Conservation Division, Kohora. He further submitted that the petitioner still continues to be Ithe Divisional Officer, Kohora Soil Conservation Division and he has not been released from the said charge as yet.

(3.) Mr P.C. Deka, learned counsel for the respondent No. 5, on the other hand, submitted that pursuant to the impugned notification dated 27.7.2001 the said respondent No. 5 has submitted a joining report as Divisional Officer, Kohora on 30.7.2001 and he has been allowed to join by the Deputy Commissioner, Karbi Anglong Autonomous Council on 13714th August, 2001. Mr Deka, however, fairly stated that he has no instruction as to whether the respondent No. 5 has been released from the post of Divisional Officer, South Bank Soil Conservation Division, Guwahati from where he is sought to be transferred under the impugned notification dated 27.7.2001.,