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2016 DIGILAW 359 (GAU)

LAKHESWAR SAIKIA v. NARAYAN PRASAD DAS

2016-05-03

AJIT SINGH, SUMAN SHYAM

body2016
ORDER : Ajit Singh, J. Mr. K.N. Choudhury, learned senior counsel assisted by Mr. M. Choudhury, learned counsel for the appellant. 2. Mr. M.K. Choudhury, learned senior counsel assisted by Mr. U.K. Nair, learned counsel for Respondent No.1. 3. Heard on admission. 4. This intra-court appeal is directed against the interim order dated 26.02.2016 passed by the learned Single Judge of this High Court in W.P.(C) No.1308 of 2016 whereby he has stayed transfer order dated 17.02.2016 of Respondent No.1 from Jorhat to the Office of the Chief Engineer, Guwahati. 5. Respondent No.1 is serving as Superintending Engineer in the Public Health Engineering Department. Vide order dated 11.05.2015, he was transferred from Quality Control Circle, Guwahati to Jorhat Circle, where he immediately joined. The appellant was serving as Executive Engineer at Golaghat. Vide order dated 29.12.2015, he on his promotion to the post of Superintending Engineer, was posted at Dibrugarh and, by another order dated 1.1.2016, within three days, he was posted in the Office of the Chief Engineer at Guwahati. Thereafter, the appellant vide order dated 17.02.2016 has been posted at Jorhat Circle necessitating the transfer of Respondent No.1 who did not even complete one year at Jorhat to the Office of the Chief Engineer, Guwahati. 6. Respondent No.1 is aggrieved with his transfer from Jorhat Circle to the Office of the Chief Engineer, Guwahati, mainly to accommodate appellant, has filed W.P.(C) No.1308 of 2016, which is still pending. In the writ petition, Respondent No.1 also prayed for interim relief staying the order of his transfer. 7. The learned Single Judge called for the original record relating to the transfer of Respondent No.1 and appellant. On examining the record, the learned Single Judge has found that appellant has been posted in place of Respondent No.1 essentially on the instruction of Minister of P.W.D. without there being any administrative exigency. Learned Single Judge has also taken note of the Departmental Secretary wherein he has observed that Respondent No.1 did not even complete one year of his tenure at Jorhat. The learned Single Judge having regard to the manner in which Respondent No.1 has been shunted out from Jorhat mainly to accommodate appellant there has stayed his transfer from that place. It is in this background the appellant has filed the present appeal. 8. The learned Single Judge having regard to the manner in which Respondent No.1 has been shunted out from Jorhat mainly to accommodate appellant there has stayed his transfer from that place. It is in this background the appellant has filed the present appeal. 8. The appellant could not deny the fact that Respondent No.1 has been transferred from Jorhat within one year due to his posting there. The appellant also could not deny the fact that he has been transferred to Jorhat on the instruction of another department i.e. P.W.D. For these reasons, we find ourselves in complete agreement with the view taken by the learned Single Judge. The order of the learned Single Judge is well founded and assailable. As mentioned above, the writ petition is still pending and it is yet to be finally decided. 9. We find no merit in the appeal and it is, accordingly, dismissed in limine. In the result, interim order dated 21.03.2016 stands vacated.