BINAY KUMAR DIWANA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P.P. Baruah along with Mr. D. Goswami, learned counsel appearing for the writ petitioner. Also heard Mr. P.K. Tiwari, learned senior counsel assisted by Mr.A.R. Gogoi, learned counsel for the respondent nos. 2 to 5 and the applicants in IA(C) 1026/2023.None has appeared for the respondent no. 1. This writ petition has been taken up for disposal at the stage of admission hearing with the consent of the learned counsel for both the sides.

(2.) The petitioner herein, is working as Manager (Civil) and posted at the Lower Subansiri Hydro Electric Project (HEP) in the district of Dhemaji, Assam. Assailing the transfer order dtd. 10/3/2023, by means of which, the petitioner was transferred from Lower Subansiri Hydro Electric Project and posted at Baira Siul PS, the instant writ petition has been filed, inter-alia, contending that this is a case of frequent transfer and the transfer order has also been issued with the mala fide intent of causing harassment to the petitioner. According to the petitioner's counsel, his client had been posted at the Lower Subansiri Hydro Electric Project only 13 (thirteen) months back and, therefore, before completion of normal tenure of posting, the petitioner has been sought to be shifted again and that too, without the approval of the Chairman-cum-Managing Director (CMD) of the respondent no. 2.

(3.) Taking note of the arguments made by the learned counsel for the writ petitioner, this Court had passed an interim order dtd. 17/3/2023, suspending the operation of the transfer order dtd. 10/3/2023 qua the petitioner. The connected Interlocutory Application being IA(C) No. 1026/2023 has been filed by the respondent nos. 2 to 5 seeking vacation/modification of the order dtd. 17/3/2023 passed by this Court.