JUDGMENT :

J.K. MAHESHWARI, J.

1. Leave granted.

2. The judgment dated 22.09.2023 passed by the Division Bench of the Gauhati High Court in Writ Appeal No. 266/2023 reversing the judgment of the learned Single Judge dated 11.07.2023 passed in Writ Petition (Civil) No. 199 (AP) 2023 has been assailed by the appellant (respondent No. 5 in Writ Court). The learned Single Judge by upholding order of transfer dated 20.04.2023 observed that transfer made on the basis of UO Note dated 28.02.2023 put up by the Member of the Legislative Assembly, 29-Basar (ST) Assembly Constituency (MLA) itself cannot be held to vitiate the transfer until there is an allegation of any mala-fide exercise of powers by the respondents-authorities in issuing the order.

3. Writ Petition (Civil) No. 199 (AP) 2023 was filed before the High Court by respondent No. 5 herein challenging the modified order of transfer dated 20.04.2023. Learned Single Judge dismissed the writ petition in absence of having any allegation of mala-fide, being transfer is one of the ingredients of the service. The relevant part of the said order is reproduced as thus:

“17. Taking note of the law laid down by the Hon’ble Supreme Court in the cas