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BRIEF FACTS LEADING TO FILING OF THE THREE WRIT PETITIONS W.P.(C) NO. 8921/03

2. The petitioner has been serving as Assistant Professor of Medicine in Guwahati Medical College and Hospital to which post he was promoted on 5.6.2002. He has been transferred to Silchar Medical College, Silchar by the impugned order dated 21.10.2003. When his representation dated 23.10.2003 against the said order of transfer has not yielded any result, he has approached his Court by filing this writ petition. According to the petitioner there are many senior persons who have been enjoying their posting in Guwahati Medical College and Hospital for many years. He asserts that the said order of transfer has been issued not in ; any public interest but on political pressure to satisfy and to accommodate the respondent No. 4 who was earlier posted in Silchar Medical College, Silchar by a notification dated 14.2.2003. The respondent No. 4 did not carry out the said order of transfer and he was attached to the Guwahati Medical College and Hospital. It is the case of the petitioner that the transfer order has been issued just to accommodate the respondent No. 4 in Guwahati Medical College and Hospital and the same has been issued on extraneous consideration upon political pressure. According to the petitioner the respondent No. 4 has been continuing in Guwahati for several years. As per the averments made in the writ petition, the respondent No. 4 could get his order of transfer to Silchar cancelled and in his place one Dr. Dhiraj Das was sought to be transferred by an order dated 14.10.2003. However, said Dr. Dhiraj Das could also get the order of transfer cancelled using the political pressure and a notification dated 15.10.2003 cancelling the earlier order of his transfer dated 14.10.2003 was issued. By the said notification dated 14.10.2003, the respondent No. 4 who was shown as Assistant Professor of Medicine, Silchar Medical College, has been transferred in the same capacity and posted in Guwhati Medical College and Hospital, Guwahati. According to the petitioner there has been violation of the adopted policies of the Govt. in the matter of transfer of Govt. Servants. He has also referred to a decision of this Court passed in W.P.(C) No. 5216/01 (Shri Dayal Das v. State of Assam and Ors.) by which this Court emphasized the need to check the arbitrary transfer of Govt. Officials. In pursuance to the said Judgment of this Court the Govt. of Assam in the Department of Personnel issued an Office Memorandum on 4.2.2002 followed by yet another Office Memorandum dated 22.5.2002 laying down the policies on transfer. For a ready reference the aforesaid Office Memorandum dated 22.5.2002 is quoted below :

(4) All Administrative Departments are to formulate and promulgate a comprehensive transfer and posting policy within three months, Personnel (B) Department will act as nodal Department for the purpose.

Commissioner &. Secretary to the Govt.

of Assam, Personnel Department."

3. It will be seen from the aforesaid Office Memorandum that in case of any modification of the earlier order of transfer the same would require the approval of the Chief Minister and that the modification must be made only on justifiable ground. In the instant case the respondent No. 4 was posted at Silchar Medical College by order dated 14.2.2003, but his services were attached to the Guwahati , Medical College and Hospital, Guwahati. Thus, although he was promoted as Assistant Professor of Medicine at Silchar Medical College by the said notification dated 14.2.2003, his service was attached to Guwahati Medical College and Hospital, Guwahati and he did not have to go to Silchar. By the impugned notification dated 21.10.2003 the respondent No. 4 was shown transferred from Silchar Medical College and posted in Guwahati Medical College and Hospital as Assistant Professor in place of the petitioner, who by the same notification was transferred to Silchar. Such transfer order was stated to be in the public interest. This was preceded by issuance of a notification dated 14.10.2003 by which said Dr. Dhiraj Das, Assistant Professor of Medicine, Guwhati Medical College and Hospital was transferred to Silchar Medical College and the said notification was cancelled by another notification dated 15.10.2003. It is the notification dated 21.10.2003 which is under challenged in this writ petition and the whole grievance of the petitioner is that he has been transferred to Silchar only to accommodate the respondent No. 4 and there is no public interest in transferring the petitioner to Silchar. It is his case that the respondent No. 4 has been staying in Guwahati due to favour shown to him and the petitioner has been made a victim of mala fide and colourable exercise of power.

RECORDS

11. In this case the respondent No. 4 although was transferred to Silchar Medical College by a notification dated 14.2.2003 but in fact/his service was attached to Guwahati Medical College & Hospital and thus, he did not have to go to Silchar and remained posted in Guwahati. By the impugned order dated 21.10.2003, he was shown transferred from Silchar to Guwahati and in his place the petitioner was transferred. Records revealed that such a course of action was preceded by a letter from the Minister, P.W.D., Assam dated 19.9.2003 addressed to the Minister of Health and Family Welfare which is quoted below :

"Commr. & Secy., Health Dr. Dwipen Kr. Bhattacharjee may be accommodated vice Dr. Jibeswar Thakuria, Asstt. Professor, Medicine, GMC. Minister, Health & F.W., Assam."

14. It was pursuant to the aforesaid note, the impugned notification dated 21.10.2003 has been issued in partial modification of the earlier notification dated 14.10.2003.

15. The records containing the official notes also revealed that the matter relating to transfer of the petitioner and the respondent No. 4 was processed on the basis of the aforesaid letter of the Minister, P.W.D. and the endorsement given by the Minster of Health & Family Welfare. The records clearly revealed that at least two medical Officers are in Guwahati for longer periods than the petitioner. Dr. Dhiraj Das, Assistant Professor of Medicine who has been in Guwahati since 1996, was sought to be transferred to accommodate the respondent No. 4. However, his transfer was cancelled as noticed above. Thereafter, it was the turn of the petitioner who was transferred to Silchar only to accommodate the respondent No. 4. Thus, it is clear from the records that no public interest is involved in transferring the petitioner from Guwahati to Silchar. It is the private interest of the Minister, P.W.D. on whose request the Minister of Health and Family Welfare, ordered the transfer of the petitioner without mentioning anything as to what was the public interest. The only revelation which could be gathered from the records is that the petitioner was transferred to Silchar only to accommodate the respondent No. 4 and that too as per the request of the Minister, P.W.D.