JITEN BORA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. D.K. Das, learned counsel for the petitioner and Mr. P.K. Bora, learned Govt. Advocate, Assam who has produced the record. Also heard Mr. B.D. Konwar, learned Senior Counsel for respondent No. 5. Both petitioner and respondent No. 5 are serving as Forest Range Officer (also referred to as Forest Ranger) in the Forest Department, Govt. of Assam.

(2.) By the impugned notification dated 02.04.2015 issued by the Joint Secretary to the Govt, of Assam, Environment & Forests Department, petitioner has been transferred from In -charge Guwahati Range under Kamrup East Division to In -charge Protection Range under Kamrup East Division whereas respondent No. 5 has been transferred from In -charge, Sonapur Range to In -charge, Guwahati Range under Kamrup East Division.

(3.) Petitioner has challenged the legality and validity of the aforesaid notification dated 02.04.2015 in so far it relates to his transfer. Challenge has been made on the ground that he has been subjected to frequent transfer and that by the impugned notification, he has been transferred within a period of 2 (two) years which requires approval of Hon'ble Chief Minister. No approval of the Hon'ble Chief Minister has been obtained. It is also contended that there is no public interest involved in the impugned transfer.