NIRHANDRA THAOSEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant, a Sub Registrar in the Department of Revenue (Registration), Govt. of Assam, who was posted at Hojai on being transferred vide order dated 10. 11. 2004, has challenged the order of transfer dated 26. 3. 2007, transferring him from Hojai to Udalguri in the interest of public service, issued by the Deputy Secretary, Govt. of Assam, Revenue (Registration) Department and also the order dated 14. 5. 2007 passed by the same authority rejecting the representation dated 27. 3. 2007 filed by the appellant against the said order of transfer, in WP (C) No. 2366/2007, mainly on two count, i. e. , the order of transfer is violative of the Office Memorandums dated 19. 9. 1992 and 4. 2. 2002 issued by the Chief Secretary to the Govt. of Assam and the Commissioner and Secretary, Govt. of Assam Personal Department, respectively, insofar as it relates to the requirement of obtaining prior approval of the Chief Minister before passing an order of transfer prior to the completion of normal three years tenure at a particular place and also on the ground that the order of transfer was punitive. The writ petition was dismissed by the learned single Judge vide order dated 21. 5. 2007 and hence the present appeal.

(2.) WE have heard Mr. A. K. Bhattacharyya, learned Senior counsel for the appellant and Mrs. B. Goyal, learned State counsel appearing on behalf of the respondents.

(3.) MR. Bhattacharyya, learned Senior counsel for the appellant has submitted that the order of transfer passed by the Deputy Secretary transferring the appellant from Hojai to Udalguri is bad in law so also the order dated 14. 5. 2007 passed by the said authority rejecting the representation filed by the appellant against the order of transfer, on the ground that prior approval of the Chief Minister has not been taken as required under the Office Memorandums dated 19. 9. 1992 and 4. 2. 2002. It has further been submitted by Mr. Bhattacharyya that it is evident from the affidavit filed by the Deputy Secretary, Govt. of Assam, Revenue (Registration) Department and the transfer order was passed due to certain allegations against the appellant and such allegation being the foundation for issuing such order of transfer, it is punitive in nature and hence such order of transfer, without affording the appellant a reasonable opportunity to show cause, is bad in law. Mr. Bhattacharyya in support of his contention has placed reliance on two Single Bench Decisions of this Court in Leela Ram Bora Vs. Union of India and Ors. reported in (1982) 1 GLR 366 and Bijendra Pratap Singh Vs. State of Arunachal Pradesh and Ors. reported in 2004 Suppl. GLT 827.