ARUNAVA DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, petitioner has challenged the legality and validity of the notifications bearing No.AAA.1/2012/70 and No.AAA.1/2012 /70-B, both dated 19.02.2014, issued by the Principal Secretary to the Govt. of Assam, Personnel (A) Department, whereby respondent No. 3 has been transferred and posted as Addl. Deputy Commissioner, Karimganj and petitioner has been transferred and posted as Addl. Deputy Commissioner, Dima Hasao district, Haflong.

(2.) Facts of the case may be briefly noted.

(3.) Petitioner is an officer belonging to the Assam Civil Service (ACS) and he was serving as Addl. Deputy Commissioner, Cachar, Silchar. Following a circular dated 16.01.2014, issued by the Chief Electoral Officer, Assam for transfer of officers posted in their home districts or who have completed three years in a particular place of posting, a general transfer order in the form of notification dated 15.02.2014 was issued by the Principal Secretary to the Government of Assam, Personnel (A) Department. Amongst various officers, petitioner was transferred and posted as Addl. Deputy Commissioner, Karimganj. The said order was issued in the interest of public service. Pursuant thereto, petitioner was released by the Deputy Commissioner, Cachar, Silchar on 15.02.2014 to enable him to join as Addl. Deputy Commissioner, Karimganj. Thereafter, he joined at Karimganj on the same day i.e. 15.02.2014, which was informed by the Deputy Commissioner, Karimganj to the Principal Secretary of Personnel (A) Department by WT message of even date. Hardly four days had passed in the petitioner's new posting at Karimganj when the impugned notification dated 19.02.2014 was issued. The said notification consists of three parts. By the first part of the notification i.e. No. AAA.1/2012/70, respondent No. 3, Addl. Deputy Commissioner, Cachar has been transferred and posted as Addl. Deputy Commissioner, Karimganj. It is mentioned that the same has cancelled the earlier notification No. AAA.80/2013/6, dated 19.09.2013. The second part of the notification deals with transfer and posting of another officer which does not affect the petitioner. As per the third part of the notification bearing No. AAA.1/2012/70-B, petitioner now serving as Addl. Deputy Commissioner, Karimganj, has been transferred and posted as Addl. Deputy Commissioner, Dima Hasao, Haflong.