STATE OF MEGHALAYA AND ORS. Vs. MAXWELL MOMIN

JUDGEMENT

(1.) AT the relevant point of time the respondent Sri Maxwell Momin, who was serving as Executive Engineer, Public Health Engineering Department at Tura, the order of transfer dated 4.6.2002 was issued transferring him from Tura to RWS Simsangiri Division, Williamnagar. Aggrieved by the said transfer order, the respondent has approached this court by filing a writ petition challenging the order of transfer on usual grounds of malafide and not for the exigency of business. The learned Single Judge has found that the petitioner (respondent herein) has failed to prove malafide as alleged in the petition. However, the Court has reached the conclusion that the order of transfer is not supported by any reason, on that ground, the order of transfer cannot be said to be in the exigency of business and as a result thereof the learned Single Judge set aside the order of transfer. The State has come in appeal challenging the judgment passed by the learned Single Judge. During the course of argument the learned Addl. Advocate General with his usual fairness has admitted before us that the exigency of business as was existing on the date of the transfer, i.e., on 4.6.2002 may not be still existing and in view of the same the order of the learned Single Judge may not be interfered with but the State may left with a discretion to cause fresh transfer order in case of the administratively requirements as well as the exigencies of business requirements the petitioner (respondent) may be transferred to some other place.

(2.) WE found that there is substance in the submission made by the learned counsel for the State and in view thereof, we do not interfere with the order passed by the learned Single Judge with a liberty to the State to pass order of transfer if it is necessary in the exigency of business and for administrative reasons. With the aforesaid observations, appeal stands disposed of.