( 1 ) THE petitioner, an Assistant Audit Officer in Northern Railway, has challenged the order dated 28-P-1965 signed by the Assistant Comptroller and Auditor General directing that the petitioner be transfered and posted as an Assistant Accounts Officer in the office of the Accountant General, Bihar, Ranchi. Various allegations had been made in the petition to the effect that the transfer order was a result of malice, but on 13-12-1-965 the petitioner made an application being civil miscellaneous No. 5250-D of 1965 asking for permission to drop the point regarding mala fides. This application was allowed by me by my order dated 14-12-1965 and it is, therefore, not necessary to advert to any fact relevant to the said allegations.

( 2 ) RELYING on regulation 124 of the Comptroller and Auditor General s Manual of Standing Orders, as corrrected up to 1-3-1952, the petitioner says that he cannot be transferred outside "the circle. " According to the petitioner, the effect of the impugned order is that he is being transferred from the post of the Assistant Audit Officer in the Northern Railway to another department as Assistant Accounts Officer in the Office of the Accou