( 1 ) THE appellant has preferred this appeal against he judgment and order of his Lordship Hon'ble Mr. Justice Bhagabati Prosad Banerjee dismissing his writ petition against the Notification NO. H / MA / 296 / DHS / HPA / G-34 / 85 dated 21st January 1985 issued by the Government of West Bengal, Department of Health and Family Welfare, transferring the appellant who was previously employed as Presser, Department of Cardiology, Institute of Post-Graduate Medial Education and Research, Calcutta as Professor, Department of Cardiology, Nil Ratan Sarkar Medical College, Calcutta, with effect from the date on which he would join he post vice Dr. J. C. Ghosh.

( 2 ) THE learned trial judge has inter alias, held as valid the said impugned order transferring the appellant to the post of Professor of Cardiology Nil Ratan Sarkar Medical College. There was no proof of any Alma fide or improper motive behind the order. The learned trial judge was unable to believe that the impugned order of transfer was motivate and/or passed in colorable exercise of powers and/or on extraneous ground or consideration. In the absence of proof of male fide, the learned trail judge de