AKBAR HUSSAIN MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner as well as Mr. H. Buragohain, learned counsel representing the Public Works Department. Mr. D. Das, learned senior counsel represents the private Respondent No.6.

(2.) Challenge is made to the Notification dated 01.03.2016 issued under the hand of the Deputy Secretary to the Government of Assam, PWRD, Estt. (B) Branch. The said Notification dated 01.03.2016 pertains to transfer of the petitioner, who is an Assistant Engineer (C), PWD from Katigorah Rural Road Sub-Division under Silchar Rural Road Division to Karimganj Rural Road Division, in the same capacity vice the private Respondent No.6 herein. The said Notification dated 01.03.2016 also pertains to the transfer of the Respondent No.6, who is also an Assistant Engineer (T/C), PWD from Karimganj Rural Road Division to Katigorah Rural Road Sub-Division, vice the petitioner herein.

(3.) The transfer order contained in the Notification dated 01.03.2016 is questioned primarily on two counts. The petitioner submits that he has not completed three years at Katigorah Rural Road Sub-Division and, as such, his transfer without the approval of the Chief Minister, cuts at the root of the transfer order. The second ground urged is that the transfer order was issued at the instance and request of a Member of the Legislative Assembly (MLA) and not for any other reasons whatsoever. The petitioner contends that the said order having been passed at the dictate of the MLA is, therefore, not in exigency of service or in public interest.