Transfer orders within government service are generally not subject to judicial review unless proven malafide or in violation of statutory provisions.

JUDGMENT :

Kardak Ete, J.

1. Heard Mr. A. R. Talukdar, learned counsel for the petitioner. Also heard Ms. M. Bhattacharya, learned Additional Senior Government Advocate and Mr. M. Khan, learned counsel for the respondent No. 7.

2. By filing this application, the petitioner has assailed the transfer and posting order dated 28.03.2022 issued by the Deputy Commissioner, Karimganj, whereby the petitioner is sought to be transferred and posted from R.K. Nagar Revenue Circle to Food, Civil Supplies and Consumer Affairs Branch, in the D.C. Office, Karimganj, as Senior Assistant, vice Shri Prakash Sakachep, Senior Assistant, respondent No.7 herein.

3. The case projected, shorn of unnecessary details, is that the petitioner is a Senior Assistant, who was last posted at R.K. Nagar Revenue Circle, from the Magistracy Branch vide order dated 20.05.2021. While serving at R.K. Nagar revenue Circle, the impugned order dated 28.03.2022 has been issued by the Deputy Commissioner, Karimganj, by which the petitioner is sought to be transferred and posted from R.K. Nagar Revenue Circle to Food, Civil Supplies and Consumer Affairs Branch, in the D.C. Office, Karimganj, as Senior Assistant, vice Shri Prakash Sakachep, Senior Assistant, respondent No.7 herein, within a period of 10 (ten) months.

4. The challenge is basically on the ground that the impugned order has been issued in violation of the Office Memorandum dated 12.11.2009, issued by the Government of Assam, Department of Personnel, a policy guideline, which regulates the transfer and posting of the Government Officers/officials in the State of Assam. It is contended that the impugned transfer order dated 28.03.2022, has been issued within a period of 10 (ten) months, whereas the police guidelines provides a tenure of 3 (three) years.

5. Mr. A. R. Talukdar, learned counsel for the petitioner, referring to the Office Memorandum dated 12.11.2009, submits that the office memorandum clearly provides that no officer/official to be transferred before completion of 3 (three) years in a particular place of posting, unless it is on promotion. In case the circumstance requires, the transfer of any officer before 3 (three) years in the exigency or for other reasons, the approval of the Hon'ble Chief Minister should invariably be obtained before such transfer. He submits that the transfer order of the petitioner is clearly in the teeth of the Office Memorandum as the petitioner has been sought to be transferred within a period of 10 (ten) months before which is evidently before completion of 3 (three) years normal tenure.

6. Mr. Talukdar, learned counsel, further submits that there is no public interest involved in transferring the writ petitioner, rather it is purely at the behest of someone and to accommodate the respondent No.7, on extraneous consideration. Therefore, the transfer order is liable to be set aside and quashed and the petitioner be allowed to continue in the present place of posting at R.K. Nagar Revenue Circle, Karimganj.

7. Mr. Talukdar, learned counsel, has placed reliance on the judgment of this Court in the case of Jibeswar Thakuria vs. State of Assam, reported in 2004 (1) GLT 4347, to project that the Office Memorandum dated 12.11.2009 has been issued, pursuant to the judgment of this Court in the above case. He submits that since the above office memorandum, which regulates the transfer and posting of the Officers and Officials in the State of Assam has been framed in pursuant to the aforesaid judgment of this Court, it is akin to a law, which is enforceable.

8. On the other hand, Ms. M. Bhattacharya, learned Addl. Senior Government Advocate, while strongly refuting the submissions of learned counsel for the petitioner and referring to the affidavit filed on behalf of the respondent No.2, submits that the impugned transfer order dated 28.03.2022 has been issued to cope up with the huge volume of works for acute shortage of staff in the office of Food & Civil Supplies and Consumer Affairs