RANJIT KUMAR DUTTA, S/O LT. BHUBAN DUTTA, R/O ULUBARI, GHY Vs. THE STATE OF ASSAM AND 4 ORS, REP. BY THE PRINCIPAL SECY. AND COMMISSIONER TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPTT., DISPUR, GHY

JUDGEMENT

(1.) The contesting respondent who was working as Forest Ranger at the Guwhati Range in the Kamrup east division is transferred to the Protection Range in the same division, while the appellant is transferred from Sonapur Range to Guwahati Range in place of the contesting respondent. In the transfer order in question there are ten other transfers effected in public interest. The contesting respondent challenged the order of transfer in WP(C) 2047/2015 on the ground of legal malice and also that the transfer is not effected in accordance with law and without the approval from the Chief Minister. The learned Single Judge upheld the contention and allowed the writ petition. Appellant has been relieved and has joined the place of posting in Guwahati in place of the contesting respondent. Aggrieved by the order of the learned Single Judge the appellant has filed this appeal.

(2.) The counsel for the contesting respondent submitted that the order of the learned Single Judge is sound and proper, does not call for interference. The learned Single Judge has found that the order of transfer is not approved by the Chief Minister as required in law; the endorsement made by the Chief Minister on the note to the effect that he has seen the order does not amount to approval. Besides, it is stated that the learned Single Judge has observed that there was no departmental proposals for effecting transfer of the contesting respondent; in the absence of any such departmental proposal the arbitrary exercise of power by the Forest Minister is bad in law and would amount to a legal malice, since there was no material to justify that such transfer is in public interest. In that view it is submitted that the appeal is to be dismissed.

(3.) Heard the counsel for the appellant.