STATE OF ASSAM Vs. DILIP KUMAR DAS

JUDGEMENT

(1.) Heard Mr J. Roy, learned counsel appearing for the appellants and Mr K.N. Choudhury, learned senior counsel appearing for the respondent/writ petitioner.

(2.) The respondent/writ petitioner filed a writ petition registered as WP(C) No. 8323/2002 wherein he was challenged the order of his transfer from PCC Sub- Division (PWD) to Guwahati Building Sub-Division issued on 18.12.02. The effect of the transfer order has been stayed by an interim order passed by the learned Single Judge on 20.12.02. The interim order passed by the learned Single Judge staying the transfer order of the respondent/ writ petitioner was challenged by the Govt. by filing an application for vacating the same and by order dated 28.1.03 the order of stay was confirmed. That is how the Govt. is before us on appeal.

(3.) At the time of hearing of the appeal against the order dated 28.1.2003 we have made it clear to the counsel appearing for the respective parties that we shall dispose of the writ petition itself after hearing the arguments. It is clear from the record that the respondent/writ petitioner who was working as Assistant Executive Engineer, PWD at Haflong was transferred on 16.12.02 to PCC Sub Division, Guwahati under the PWD department. The writ petitioner joined duties on 17.12.02. On 18712.02 he received an order of transfer whereby his Sub Division has been changed from PCC Sub Division to Guwahati Building Division and in his place one Jyotish Sarma, Assistant Executive Engineer has been transferred to PCC Sub Division. This order of transfer of the petitioner from one Sub Division to another Sub Division in the city of Guwahati was the subject matter of the writ petition on the ground that the petitioner's transfer and in his place posting of Jyotish Sarma was the result of the orders issued by the Minister, PWD without any rhyme or reason. There was no administrative exigency under which the Minister concerned was compelled to act and issue orders of transfer from one Sub Division to another Sub Division in Guwahati within few hours of the petitioner's joining his duty in Guwahati.