JUDGMENT :

S.N. Prasad, J.

This writ petition is under Article 226 and 227 of the Constitution of India, wherein the order dated 21.08.2017 (Annexure-6) and order of rejection dated 12.09.2017 (Annexure-12), have been sought to be quashed and the petitioner may be allowed to continue in the present place of posting.

2. Brief facts of the case is that the petitioner was initially appointed as Clerk in Finance Department under opposite party no.2 and joined at IDCOL Ltd., IKIWL Kalinga, while continuing he was transferred to IFCAL, Jajpur Road vide order dated 11.09.2007 and thereafter he was transferred to the Corporate Office at Bhubaneswar on 05.12.2008 on the ground that he was present before the Vigilance Office at Cuttack for pursuing the Vigilance cases pending against the officials. The petitioner, hence was posted in the Security Department at IDCOL, Bhubaneswar and joined as such on 06.12.2008 and was assigned with no work till 12.05.2010. However, on 13.05.2010 to 15.03.2016 he was assigned with the work as Security-in-charge which he has successfully discharged. He was then transferred vide order dated 14.3.2016 to the Estate Department. The petitioner thereafter was transferred to IKIWL, Barbil on 30.05.2016. The petitioner has approached this Court by filing writ petition being W.P.(C) No.9772 of 2016 challenging the order of transfer and this Court while disposing of the writ petition vide order dated 03.06.2016 has directed the opposite party no.1 to consider and dispose of the representation of the petitioner vide Annexure-2 within a period of one month from the date of production of copy of the order, till disposal of the representation, no coercive action shall be taken against the petitioner. The authority has passed an order on 16.06.2016 rejecting the representation of the petitioner on the ground that the transfer needs no interference, since it was made on the administrative exigencies and in the public interest. The petitioner thereafter has been transferred on deputation and posted at IDCOL Corporate Office with headquarter at Bhubaneswar vide order dated 07.01.2017. The petitioner while discharging his duties at Bhubaneswar has been transferred and posted at IKIWL with headquarter at Matkambeda, Badbil with immediate effect and accordingly relieved from Bhubaneswar on 21.08.2017 in order to resume his duty. The petitioner has represented against such transfer but however to no effect, hence he approached this Court against the order of transfer by filing the writ petition being W.P.(C) No.17787 of 2017 and this Court while disposing of the writ petition vide order dated 30.08.2017 has directed the opposite party no.2 to dispose of the representation in accordance with law within a period of four weeks and till disposal of the representation, no coercive action shall be taken against the petitioner.

The authorities in the light of the order passed in W.P.(C) No.17787 of 2017, has passed the order on 12.09.2017 by rejecting the representation on the ground that the petitioner originally belongs to IKIWL and IKIWL is in dire need of manpower, his services are badly needed in IKIWL, as such it has been stated therein that the order of transfer is an administrative exigencies. It has also been stated therein that to meet the hindrances of educational session disruption of the children, he has been allowed to retain the allotted quarters at Bhubaneswar till end of the Academic Session 2017-18, if so advised.

The petitioner being aggrieved with the order dated 21.08.2017 (Annexure-6) and 12.09.2017 (Annexure-12) is before this Court on the ground that the order of transfer is by way of mala fide and only to victimize the petitioner since he has made series of the complaint before the authority for commission of financial irregularities and that is the reason he has been transferred frequently.

3. Learned counsel for the petitioner submits that the frequent transfer is nothing but by way of malice. He submits that i