BALENDRA NATH HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) AN order dated 8.9.2003, transferring the writ petitioner from the post of Superintending Engineer (S.E.), PWD, Roads, North Lakhimpur Circle, is the subject matter of challenge in the present writ application. By the aforesaid order dated 8.9.2003, the services of the petitioner were placed at the disposal of NC Hills Autonomous Council for posting him as SE, PWD (R&B;), Haflong Circle. By the same order, the respondent No. 4, who was working as Executive Engineer, PWD Roads, North Lakhimpur Circle was allowed to hold the current charge of the Office of the Superintending Engineer.

(2.) THE arguments advanced by Mr. M. Singh, learned Counsel for the petitioner as well as by Mr. J. Roy, learned Standing Counsel, PWD have been considered. Dr. B.P. Todi, learned Counsel for the respondent No. 4, has also been heard. The records produced in original on behalf of the official respondents have been duly perused.

(3.) IN the instant case, the pleadings advanced on behalf of the writ petitioner are essentially to the effect that the transfer of the petitioner has been made to accommodate the respondent No. 4 and as the writ petitioner has served for little over a year at North Lakhimpur, the impugned transfer has been contended to be contrary to the Govt. policy in force.