JUDGMENT :

Venkatachalliah, J. - This appeal, by the State of West Bengal, arises out of and is directed against the order dated 21st March, 1988 of the Division Bench of the High Court of Calcutta, which in reversal of the order of the learned Single Judge, allowed the writ-petition of the Respondent, who was a Sub-Inspector of Police in the State of West Bengal, and quashed his order of transfer.

2. The Respondent who was a Sub-Inspector of Police working at Hooghly District Enforcement Branch (in the Aram Bagh Zone) was transferred out of the District by the order dated 18.6.1987. Respondent challenged the transfer in the writ-petition before the High Court. A learned Single Judge of the High Court by his order dated 11.8.1987 dismissed the writ petition. In the appeal preferred by the Respondent, the Division Bench rejected his contention that the transfer was mala fide and for extra administrative reasons. However, the Division Bench was persuaded to the view that the transfer having been made within seven years of 3rd May, 1982, the date of Respondent's posting at Aram Bagh was not shown to have been justified by compelling and unavoidable administrative exigencies. The Divisio