V. Dutta Gyani, CJ. (Acting)— Heard Mr. HRA Choudhury learned counsel for the appellant. Also heard Mr. Borafor the Govt who appears with an advance of appeal memo having been supplied to him. 2. This appeal arises out of order dated 4.2.97 delivered by the learned Single Judge in Civil Rule No.281 of 1997 thereby holding that no case of malafide is made out and as such the impugned transfer order dated 6.2.91 did not call for any interference. 3. Learned counsel appearing for the appellantreferring to Annexure 4 filed along with this appeal, pointed out that the transfer was at the behest of a Minister. The note contained as per Annexure 4 with a copy had been endorsed to the Minister at item No.5 which is reproduced as follows : "...The PS to the Hon'ble Minister Panchayat and Rural Development, Assam, Dispur, Guwahati 6 with a request to apprised to the Hon'ble Minister with reference to our discussion held on 27.1.97 during last visit at Barak Valley..." 4. A mere reading of this endorsement goes to show extraneous consideration indicating malice in law have waved with the policy while passing the impugned order of transfer (Annexure 4) preceded by earlier order dated 7.1.97 which also contained a similar endorsement in item No.2 as reproduced below: "The PS to the Minister, Labour and Employment Department, Dispur for favour of kind information to the Hon'ble Labour Minister with reference to his instruction issued on 20.12.96..." 5. Such transfer, for extraneous consideration, resulting in loss of efficiency and confidence on the Minister by the subordinate staff and cause loss of weightage. 6. Without commanding any further the impugned order of transfer is set aside and the appeal is allowed. 7. The writ petitioner/appellant is allowed to resume his duty at Srikuna ITI, Silchar and continue his duty.