BIMAL KUMAR DEB MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) 1. In the Writ Petition, Civil Rule No. 3934/94, the petitioner who is working as Forest Ranger in the Forest Department of Assam has prayed for quashing the order dated 12.09.94 issued by the Deputy Secretary, Government of Assam, Forest Department transferring the petitioner from Lanka Range under Nagaon South Division to the Office of the D.F.O., Social Forestry Division, Guwahati. While issuing notice of motion on 27.09.94, this Court passed interim orders suspending the impugned order dated 12.09.94 with liberty to the respondents to come up for modification, alteration or cancellation of the aforesaid interim order. Respondent No. 6 in the said Civil Rule has filed Misc. Case No. 1298/94 for vacating the interim order dated 27.09.94. Since affidavit-in-opposition and reply have been filed in the Civil Rule as well as in the Misc. Case, both the Civil Rule and the Misc. Case were heard together on 22-12-94.

(2.) The brief facts of the case as stated in the Writ Petition are that the petitioner joined the Forest Department of Assam as a Forest Ranger and was posted and attached to the Working Plan Division, Lower Assam Circle, Guwahati and thereafter by an order dated 25.01.88 (Annexure-1) he was transferred and posted as Forest Ranger in-charge of Mazbat Range, Darrang West Division, under Northern Assam Circle, Tezpur and he joined in his said new posting on 18.02.88, but the aforesaid transfer as Forest Ranger In-Charge of Mazbat Range was stayed by order dated 17.02.88 (Annexure-2) and thereafter by order dated 13.06.88 (Annexure-3) the transfer of the petitioner as In-Charge of Mazbat Forest Range was modified and the petitioner was transferred and posted as Forest Ranger In-Charge Raimona Range under Kachugaon Division. But soon thereafter by order dated 27.07.88 (Annexure- 4) the petitioner was again transferred to Nonoi Range, under North Kamrup Division, Rangia. Ungrudgingly the petitioner joined at all the places to which he was transferred. Again by order dated 26.09.88 the petitioner was transferred from Nonoi Range, Rangia to the Monitoring cell in the office of the Chief Conservator of Forest, Social Forestry Office, Guwahati where the petitioner joined on 28.10.88 vide joining report (Annexure-5). Within a year thereafter, by order dated 18.10.89 (Annexure-6) the petitioner was released from his aforesaid post and was directed to report for his duty in the Hatikhali Afforestation Range under Northern Afforestation Division, Diphu and was thereafter again transferred by order dated 23rd March, 1992 (Annexure-7) from Hatikhali Afforestation Range to Lanka Afforestation Range, under the D.F.O., Central Assam Afforestation Division, Hojai and the petitioner joined in the aforesaid new posting. Within two years thereafter, by order dated 11.02.94 (Annexure-8) the petitioner was transferred from Lanka Afforestation Range to Lanka Territorial Range. Within 7 (seven) months thereafter, the impugned order dated 12.09.94 has been issued by the respondent No.3 transferring the petitioner from Lanka to the office of the D.F.O., Social Forestry Division, Guwahati in the interest of public service. Aggrieved by such frequent transfers, 9 times over a period of 6 (six) years, the petitioner has moved this Court for quashing the impugned order dated 12.09.94 (Annexure-9) transferring the petitioner from the Lanka Territorial Range to the Social Forestry Division at Guwahati on the ground that the said transfer is vitiated by malice and is in violation of Article 14 of the Constitution.

(3.) An affidavit-in-opiosition has been filed on behalf of the respondent No.3, Deputy Secretary to the Government of Assam, Forest Department, wherein it has been contended that the Government has the power to transfer Forest Rangers such as the petitioner and that the transfer of the petitioner has been made in the interest of the public service. Respondent No.6 has not filed affidavit-in-opposition but in his application for vacating the interim order dated 27.09.94 numbered as Misc. Case No. 1298/94 has stated that by the impugned order of transfer dated 12.09.94 the respondent No.6 was transferred to Silchar Division and posted as In-Charge Lanka Range in place of the petitioner and that pursuant to the impugned order of transfer, the respondent No.6 was released from Silchar and has reported for duty on 16.09.94 at the Lanka Range Office and that the interim order dated 27.09.94 suspending the impugned order of transfer has caused great hardship to the respondent No.6 and accordingly has prayed for vacating the said interim order. An affidavit-in-reply has been filed by the petitioner to the affidavit-in- opposition on behalf of the respondent No.3 in the Civil Rule alleging that the petitioner was transferred with an oblique motive to accommodate the respondent No.6 at the Lanka Range Office after the respondent No.6 did not join the Social Forestry Division at Guwahati pursuant to the order of transfer dated 04.08.94 (Annexure-11) and that the transfer of the petitioner before completion of 3 years in the present posting was contrary to the parameters of transfer fixed by the office Memorandum dated l0th December, 1984 issued by the Chief Secretary, Government of Assam. In the affidavit-in-opposition filed in the Misc. Case 1298/94, the petitioner has further stated that the respondent No.6 has not yet taken charge from the petitioner as In-Charge Forest Ranger of the Lanka Territorial Range, In the Misc. Case, an affidavit-in-reply has been filed by the respondent No.6 denying the allegation that he had influenced the authorities to transfer the petitioner from Lanka to Guwahati.