AMITABH RAJKHOWA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. D. Das, Senior counsel for the petitioner. Also heard Mr. C. Choudhury, AG, Assam as well as Mr. K. N. Choudhury, Senior counsel, appearing for the respondent No. 5.

(2.) This writ petition has been filed, praying for cancellation of the transfer order dated 23.08.2016, by which the petitioner has been transferred from the post of CEO, Zilla Parishad, Nagaon to the post of Joint Secretary to the Government of Assam at Dispur. The petitioner's counsel submits that prior to the impugned transfer order dated 23.08.2016, issued by the State respondents, the petitioner had been promoted and posted to the post of CEO, Zilla Parishad, Nagaon, vide notification dated 17.08.2016. The petitioner's counsel submits that the petitioner was transferred to the post of Joint Secretary, Dispur only one week later, without there being any reason given for modification of the earlier transfer order dated 17.08.2016. The petitioner's counsel submits that modification of the petitioner's transfer order dated 17.08.2016, by way of the new transfer order dated 23.08.2016, should be set aside as per the law laid down in the case of Zakir Hussain v. State of Assam and others, reported in 2001 (3) GLT 67. The petitioner's counsel also submits that the Transfer Policy/guidelines, laid down by the State Government, by way of OM dated 06.08.2013, has not been followed by the State respondents while issuing the impugned transfer order dated 23.08.2016 and in that view of the matter, the impugned transfer order should be set aside.

(3.) Mr. C. Choudhury, AG, Assam, submits that the petitioner has not come to the Court with clean hands and in that view of the matter, the petitioner's writ petition should be dismissed. He also submits that several officers have been transferred vide the impugned transfer order dated 23.08.2016 and as such, the impugned transfer order has not singled out the petitioner for transfer. He also submits that the guideline for transfer, as enumerated in the OM dated 06.08.2013, has been complied with, inasmuch as, the Chief Minister has given his approval to the transfer of the petitioner from the post of CEO, Zilla Parishad, Nagaon to the post of Joint Secretary to the Government of Assam at Dispur. Mr. C. Choudhury submits that the petitioner has no right to pray for setting aside the impugned transfer order.