LAWS(GAU)-2007-9-29

ANDREW BANRILANGUMDOR Vs. STATE OF MEGHALAYA

Decided On September 17, 2007
ANDREW BANRILANG UMDOR Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution of India the petitioner has sought for issuance of a writ in the nature of Mandamus and/or certiorari for quashing Notification No. PW/admn-32/2000/47 (B) issued under Memo No. PW/admn-32/2000/47 (AA) dated 12. 07. 2007, whereby he has been transferred from his present place of posting to another station before completion of his tenure in violation of the professed policy of transfer and posting.

(2.) HAVING regard to the urgency involved in the matter and as agreed to by the learned counsel for the parties, this writ petition is being disposed of at the admission stage. Accordingly, Mr. M. Chanda, the learned counsel for the petitioner, Mr. E. C. Suja, the learned counsel for the State respondents and Mr. T. T. Diengdoh, the learned counsel for the respondent No. 4 were heard at length.

(3.) THE case of the petitioner, in a nutshell, is that he was promoted and posted as Executive Engineer, PWD (Roads) NH Shillong Bye Pass Division, Shillong, in May 2005 from the post of Sub-Divisional Officer PWD (Roads) which he was then holding. Having joined the post of Executive Engineer to which he was promoted he had barely completed 2 (two) years tenure when he was transferred and posted as Assistant Chief Engineer, Office of the Assistant Chief Engineer, PWD (Roads) Western Zone, Tura purportedly in public interest. However shortly thereafter the petitioner was again transferred to Central Roads Branch, PWD (Roads) Shillong in suppression of the earlier order. Being aggrieved by this second order of transfer the petitioner has come up with the present writ petition seeking quashing of the order in question.