SOUGAUJAM BROJENDRAO SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Ng. Kumar Singh, learned, counsel for the petitioner as well as Mr. L. Shyamkishore Singh, learned. Sr. Govt. Advocate for the respondents 1 to 3 and Mr. T. Nandakumar Singh, learned. Sr. counsel for the respondent No. 4.

(2.) This case illustrated a classic example as to how the person possessing power exercised the power arbitrarily and abused the process of power. The dispute involved in this writ petition is with regard to transfer of an Officer.

(3.) By now it is well settled principle of law that transfer is an incident of service. Who should be transferred, where is the matter to be decided by the competent authority in the exigency of service. Transfer order made in public interest do not warrant interference by this Court, unless the same is passed with malafide or in arbitrary exercised of power or has been passed in violation of statutory Rules.