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DEVASHIS BARUAH
Mihir Ranjan Dhar S/o Late Monoranjan Dhar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. S. Biswas, the learned counsel appearing on behalf of the petitioner and Mr. N.K. Debnath, the learned Standing counsel appearing on behalf of the Panchayat and Rural Development Department. I have also heard Mr. C.S. Hazarika, the learned Standing counsel appearing on behalf of the Deputy Commissioner, Karimganj.
2. For the order which this Court proposes to pass at this motion stage, this Court does not deem the presence of the respondent No. 6 is necessary.
3. The instant writ petition is taken up for disposal at the motion stage itself.
4. A perusal of the materials on record reveals that vide an order dated 05.11.2022, the petitioner was transferred and posted at Lumding Development Block under Hojai District from the post of the Assistant Accounts Officer of South Karimganj District. This order was put to challenge before this Court in WP (C) No. 7685/2022. This Court vide the order dated 30.11.2022 had disposed of the said writ petition. It appears from the order dated 30.11.2022 that the petitioner had raised 3 (three) grounds to challenge the transfer order dated 05.11.2022. The first ground which was taken was that the petitioner was
The legal principle established is that the scope for the Writ Court to interfere with an order of transfer is extremely limited, and a transfer order can only be interfered with if issued in violati....
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
The need for an independent and impartial application of mind by the competent authority in examining the petitioner's representation, in line with the law mandated by the Hon’ble Apex Court.
Transfers in public service are an incidence of employment, and administrative discretion is upheld unless proven arbitrary.
The transfer of an employee is within the prerogative power of the employer, who can withdraw, alter or modify any previous order of transfer. The court will not interfere under Article 226 of the Co....
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