PARESH CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner who is presently posted at Dhubri as Executive Engineer in the department of Public Health Engineering is aggrieved by the Notification dated 7.10.2003 issued by the Government of Assam in the Public Health Engineering Department placing his services at the disposal of North Cachar Hills Autonomous Council for his posting as Executing Engineer, PHE, Umrangshu Division. By way of endorsing a copy of the Notification to the respondent No. 5, Assistant Executive Engineer, PHE, Dhubri, Sub-division, Dhubri, he has been directed to take over charge of the post being held by the petitioner temporarily in addition to his own duties till regular posting of Executive Engineer, PHE. The main grounds of attack on the impugned notification dated 7.10.2003 are as follows:

(2.) An affidavit-in-opposition has been filed on behalf of the official respondents to which an affidavit-in-reply has been filed by the petitioner. The respondent No. 5 has filed an application registered & numbered as Misc. Case No. 2447/2003 praying for recalling the interim orders passed on 22.10.2003 staying the operation of the impugned transfer order dated 7.10.2003 and the one dated 25.11.2003 passed in Misc. Case No. 2041./ 2003 filed by the writ petitioner by which the petitioner has been allowed to continue as Executive Engineer, PHE, Dhubri. Learned counsel appearing for the respondent No. 5 prayed for treating the said application (Misc. Case No. 2447/2003) to be the affidavit-in- opposition in the main writ petition.

(3.) I have heard Mr. K. K. Mahanta, learned counsel appearing for the petitioner who strenuously argued projecting the aforementioned grounds of attack against the impugned order of transfer. Mr. K. C. Mahanta, learned Senior State counsel appearing for the official respondents supported the impugned notification. He submitted that none of the grounds urged on behalf of the petitioner is sustainable. Placing reliance on the records produced and the affidavit-in-opposition, he submitted that necessary approval of the Chief Minister and the North Cachar Hills Autonomous Council in respect of the impugned order of transfer and posting had been obtained. As regards the allegation of the transfer order being founded on certain accusations, Mr. Mahanta submitted that the same by itself will not render the order of transfer a punitive one and rather would be within the ambit of public interest and exigencies of services.