Heard Mr. AS Choudhury, learned counsel for the petitioner and Mr. TC Chutia, learned Govt Advocate for the respondents as well as Mr. N. Choudhury, learned counsel appearing on behalf of the respondent No.5.

2. The facts leading to filing of the present writ petition is not very pleasant £ and rather it exposed a disquieting feature as to how the authority in the guise of issuing transfer order shown favour to a particular officer by exercising the power arbitrarily. The petitioner is a Block Development Officer working under the Department of Panchayat and Rural Development. The 5th respondent is an Assam Civil Service Officer and working as Circle Officer under the Deputy Commissioner, Karimganj. At the relevant time the petitioner was working as Block Development Officer (hereinafter BDO) at Patharkandi Development Block, Karimganj. By an order dated 22.11.2000 he was allowed to hold the additional charge of Senior BDO of the Block in addition to his own duties vice the incharge Senior BDO relieved of his charge. By the same notification the respondent No. 5 the Circle Officer who was holding the charge of Senior BDO, Patharkandi Development Block has been relieved of additional charge of Senior BDO, Patharkandi Block with immediate effect in the interest of public service. This notification dated 22.11.2000 in respect of the 5th respondent has an important bearing for the purpose of disposal of the case. It is extracted :

"No.PDD.2/93/PT.H/59-B : Shri D. Baishya, ACS Circle Officer, Patharkandi in Karimganj Dist who has been holding additional charge of Senior BDO, Patharkandi Development Block is hereby relieved of additional charge of Senior BDO Patharkandi Block with immediate effect in the interest of public service.

"No.PDD.2/93/PT.n/59-C: Shri Deepak Lala, EDO, Pathaikandi Development Block Karimganj Dist, is in the interest of public service allowed to hold additional charge of Senior EDO of the Block in addition to his own duties vice the I/C senior EDO relieved of dual charges."

3. Pursuant to the aforesaid notification, the petitioner has taken charge as Senior BDO of the Block in addition to his own duties. However, by another notification dated 29.11.2000 impugned in this writ petition, the petitioner was t again transferred purportedly in the interest of public service and posted as BDO, Durlavcharra Development Block in the same establishment with effect from the date he takes over charge. By the same notification bearing No.PDD.2/93/ Pt.II/64-B the aforesaid notification dated 22.11.2000 relieving the respondent No.5, an officer of Assam Civil Service, from the additional charge of Senior BDO stood cancelled purportedly in the public interest and he was allowed continue c to hold the charge as Senior BDO of Patharkandi Development Block in addition to his own duties. The notification reads.

"No.DD.2/93/PT.II/64-D. Govt Notification vide No.PBB.2/93/PT.D/59-B dated 22.11.2000 relieving Shri D. Baishya ACS, from the additional charge of Senior BDO, Patharkandi Dev Block stands cancelled in the interest of public service. Shri Baishya is hereby allowed to continue as Senior BDO of Patharkandi Dev Block in addition to his duties."

4. It is noticed from the aforesaid notification that barely after 7 days another notification dated 29.11.2000 canceling the earlier notification dated 22.11.2000 has been issued. Such notification cannot be said to have been issued neither on application of mind nor made in public interest. On the other hand, reading of the notification speaks volume that the subsequent notification dated 29.11.2000 has been issued by exercising the power malafide and in order to favour and accommodate the 5th respondent. The 5th respondent is an officer of Assam Civil Service working as Circle Officer under the Deputy Commissioner, Karimganj. He is outside the cadre of BDO and was allowed to discharge the functions of Senior BDO purely on temporary basis in the absence of regular BDO. He has no legally e

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