Heard Mr. D. K. Das, learned counsel for the petitioner and Mr. P. K. Bora, learned Govt. Advocate, Assam who has produced the record. Also heard Mr. B. D. Konwar, learned Senior Counsel for respondent No. 5.

2. Both petitioner and respondent No. 5 are serving as Forest Range Officer (also referred to as Forest Ranger) in the Forest Department, Govt. of Assam.

3. By the impugned notification dated 02.04.2015 issued by the Joint Secretary to the Govt. of Assam, Environment & Forests Department, petitioner has been transferred from In-charge Guwahati Range under Kamrup East Division to In-charge Protection Range under Kamrup East Division whereas respondent No. 5 has been transferred from In-charge, Sonapur Range to In-charge, Guwahati Range under Kamrup East Division.

4. Petitioner has challenged the legality and validity of the aforesaid notification dated 02.04.2015 in so far it relates to his transfer. Challenge has been made on the ground that he has been subjected to frequent transfer and that by the impugned notification, he has been transferred within a period of 2 (two) years which requires approval of Hon’ble Chief Minister. No approval of the Hon’ble Chief Minister has been obtained. It is also contended that there is no public interest involved in the impugned transfer.

5. Respondent No. 5 in his affidavit has contended that petitioner was subjected to a departmental proceeding whereafter Govt. of Assam has taken decision to recover an amount of Rs.31,03,366.94 from the petitioner. In this connection, WP(C) No. 2686 of 2015 is pending. It is contended that impugned transfer has been necessitated because of administrative exigencies and in the interest of public service. No legal or fundamental right of the petitioner has been violated by the impugned transfer order.

6. Mr. D. K. Das, learned counsel for the petitioner submits that no departmental proposal was initiated to effect transfer of petitioner and respondent No. 5. Transfer order has been issued at the instance of the departmental Minister. No approval of the Hon’ble Chief Minister has been obtained though the petitioner has been transferred within 2 (two) years of his last transfer. Learned counsel has placed reliance on the following decisions:-

2009 (2) GLT 956 (Toheli Sumi Vs State of Nagaland & Ors.),

2010 (2) GLT 786 (Sunit Kumar Bardoloi Vs State of Assam & Ors).

7. Learned Govt. Advocate has produced the record and submits that no prejudice has been caused to the petitioner by the impugned transfer since it is within the same division. Therefore, interference may not be justified.

8. Mr. Konwar, learned Sr. Counsel for respondent No. 5 besides reiterating the stand taken in the counter affidavit regarding the disciplinary proceeding against the petitioner which has necessitated filing of a writ petition by the petitioner being WP(C) No. 2686/2015, submits that impugned transfer is a part of routine administrative measure and therefore no interference is called for. He submits that impugned order has been issued in the public interest. There is no violation of any statutory provision as well as any malafide in the impugned transfer of the petitioner.

9. Submissions made by learned counsel for the parties have been considered. Record produced has also been perused.

10. From a perusal of the record, it is seen that Sri Atuwa Munda, Minister, Environment & Forests issued an order on 02.04.2015 (page 88 of the file) to the Addl. Chief Secretary, Environment and Forests Department directing certain transfers and postings including that of petitioner and respondent No. 5. It was stated that the said transfers and postings may be made with immediate effect in the interest of public service. Addl. Chief Secretary was directed to issue the notification on the same day and that his prior approval may be taken later on. The aforesaid order of the Minister, Environment & Forests is quoted hereunder in its entirety:-

“ No. MFT.5/2015/14

Dated the 2nd April,