MANASH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) IT is too well settled in law that transfer of an employee is in the domain of the employer. Interference of the Court would be warranted if the transfer order is vitiated by element of arbitrariness, mala fide or in violation of the statutory rules. On this note, the facts of the present case may be noticed.

(2.) THE petitioner is an officer of Assam Civil Service cadre and is presently holding the post of Deputy Director, WPT and BC Department, Government of Assam. On 7th September, 2015 while he was discharging function as Extra Assistant Commissioner, Salbari he was transferred to the present post. About five months later by subsequent Notification dated 20.2.2016, he along with 15 other officers were transferred out to various places and in so far as the petitioner is concerned, he was transferred and posted as Sub -divisional Officer (Sadar), Dibrugarh. This order of transfer is assailed in the present application.

(3.) THE primary ground of challenge is that the said order of transfer had not been issued in public interest and also suffered from non -application of mind.