JUDGMENT :

1. Heard Mr. P.P. Baruah along with Mr. D. Goswami, learned counsel appearing for the writ petitioner. Also heard Mr. P.K. Tiwari, learned senior counsel assisted by Mr.A.R. Gogoi, learned counsel for the respondent nos. 2 to 5 and the applicants in IA(C) 1026/2023. None has appeared for the respondent no. 1. This writ petition has been taken up for disposal at the stage of admission hearing with the consent of the learned counsel for both the sides.

2. The petitioner herein, is working as Manager (Civil) and posted at the Lower Subansiri Hydro Electric Project (HEP) in the district of Dhemaji, Assam. Assailing the transfer order dated 10/03/2023, by means of which, the petitioner was transferred from Lower Subansiri Hydro Electric Project and posted at Baira Siul PS, the instant writ petition has been filed, inter-alia, contending that this is a case of frequent transfer and the transfer order has also been issued with the malafideintent of causing harassment to the petitioner. According to the petitioner’s counsel, his client had been posted at the Lower Subansiri Hydro Electric Project only 13 (thirteen) months back and, therefore, before completion of normal tenure of posting, the petitioner has been sought to be shifted again and that too, without the approval of the Chairman-cum-Managing Director (CMD) of the respondent no. 2.

3. Taking note of the arguments made by the learned counsel for the writ petitioner, this Court had passed an interim order dated 17/03/2023, suspending the operation of the transfer order dated 10/03/2023 quathe petitioner. The connected Interlocutory Application being IA(C) No. 1026/2023 has been filed by the respondent nos. 2 to 5 seeking vacation/modification of the order dated 17/03/2023 passed by this Court.

4. Mr. P.P. Baruah, learned counsel for the writ petitioner has argued that there are 9 (nine) other Officers of the same grade posted at Lower Subansiri Hydro Electric Project (HEP) but the petitioner has been picked up for pre-mature transfer, without there being any justifiable ground for doing so. According to Mr. Baruah, this is not a transfer order issued in the exigency of public service and the said fact will be established once the departmental records are produced before this Court.

5. Countering the arguments advanced by the petitioner’s counsel, Mr. P.K. Tiwari, learned counsel appearing for the respondent nos. 2 to 5 has argued that the transfer order is purely in the exigencies of service and has been issued in strict compliance with the transfer policy of the respondent no. 2. By taking the Court through the transfer policy, Mr. Tiwari has further argued that there are 3 (three) types of posting under the respondent no.2, viz. (1) hard posting, (2) difficult posting and (3) soft posting. The present transfer order envisages shifting of the petitioner from one soft posting, viz. Lower Subansiri Hydro Electric Project to another soft posting, viz. Baira Siul PS. Mr. Tiwari further submits that during the entire service career of the petitioner commencing from 19/01/2004, he has been given only one “hard posting” till today at Tawang Basin during the period from 01/07/2009 to 09/01/2011 and the rest of the tenure of the petitioner has all along been soft posting. Moreover, submits Mr. Tiwari, clause 3.2 of the Transfer Police mandates that no employee be allowed to stay within one region or within one cluster for more than 10 (ten) years. Despite the same, taking note of the personal difficulty faced by the petitioner, he has been allowed to remain in Cluster-III (soft posting) for a continuous period more than ten years and even now, he has been posted in an area which comes under cluster-III.

6. By referring to the statements made in the application filed in IA(C) 1026/2023, Mr. Tiwari has argued that there are genuine reasons for which the petitioner has been transferred and since no case of malafide and / or violation of any statutory provision or condition of service