PRANABJYOTI DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal filed on 27th May, 1997 arises out of judgment and order dated 15.5.97 passed by a learned Single Judge of this Court in Civil Rule No. 3372/96 and Civil Rule No. 4488/96. A common judgment was delivered in both this writ petitions. The subject matter of challenge being the transfer orders passed in respect of the writ petitioners. Aggrieved by the judgment, the writ petitioner in Civil Rule No. 3372/96 has come up in appeal. It is hanging fire for almost a year. The impugned orders of transfer were passed on 4.7.96.

(2.) The law on the question of transfer is well settled by now by series of decisions of the apex Court and the scope of interference of the writ Court is also well defined.

(3.) Transfer is an incident of service. No government servant of any department claim a vested right to remain at any particular place unless a transfer order is shown to be in contravention of any statutory rule or palpably mala fide. The Courts ordinarily do not interfere with orders of transfer. In the instant case, learned counsel appearing for the appellant highlighted the malafide or at any rate extraneous consideration not germane to exigency of public service and in support of his submissions placed before us a note-sheet which goes to show that the transfer was at the behest of a Minister so as to accommodate the respondent No. 7 herein at a particular place.