Jyotirmay Bhattacharya, J. - (1.) An order of transfer of the petitioner from Head Office at Bankura to its branch office at Narazole in Paschim Medinipur issued by the Manager (Personnel & Establishment) appearing at page 81 of this writ petition, is under challenge in this writ petition on the ground that the impugned order of transfer was issued by the concerned authority with a mala fide intention to stall the trade union activities in the Head Office. The said order of transfer was also challenged on the ground of discrimination, as several other employees who were there in the Head Office even since prior to the petitioner, has been retained at the Head Office while the petitioner was transferred in violation of the transfer policy which prescribes for first-cum-first go rule.
(2.) To show the mala fides on the part of the respondents, Mr. Dutta, learned Advocate, appearing for the petitioner, has drawn the attention of this Court to the chain of events leading to the issuance of the transfer order.
(3.) Mr. Dutta submitted that since the petitioner is involved in various trade union activities, the respondents being annoyed with the petitioner, issued show cause notice on 21st, April 2005, whereby the petitioner was called upon to explain his conduct with regard to the serious lapses as mentioned in the said notice within seven days from the date of the said notice. The petitioner replied to the said show cause notice on 22nd April 2005. No proceeding has been initiated against the petitioner even after receipt of the said reply which gives an indication that the respondent authority was satisfied with the reply.;