Arun Chandra Upadhyay, J.

1. Heard Mr. B.C. Das, learned senior counsel assisted by Mrs. R. Borah, learned Counsel for the Petitioner. Also heard Dr. B. Ahmed, learned standing counsel representing the Irrigation Department, Govt. of Assam as well as Mr. C. Baruah, learned Counsel for the Respondent No. 5.

2. By this application under Article 226 of the Constitution of India, the Petitioner has challenged the transfer order dated 28.08.2009 issued by the Respondent authority, on the ground of arbitrariness, lack of public interest and for being violative of the transfer policy formulated by the Government of Assam.

3. Facts leading to filing of this writ petition may be stated briefly as follows:

The Petitioner, is working as Assistant Executive Engineer at Sibsagar Mechanical Sub-Division at Sibsagar, since 18.02.2009. Prior to his posting at Sibsagar, Petitioner worked in Dibrugarh Mechanical Division (I), Dibrugarh, for more than three years and thereafter he was transferred to Sibsagar, just before the last general election.

4. The Respondent No. 2 by the impugned order dated 28.08.2009, transferred the Petitioner from Sibsagar Mechanical Sub-Division to Upper Assam Drilling