- (1.) The appellant has preferred this appeal against he judgment and order of his Lordship Hon'ble Mr. Justice Bhagabati Prosad Banerjee dismissing his writ petition against the Notification NO. H / MA / 296 / DHS / HPA / G-34 / 85 dated 21st January 1985 issued by the Government of West Bengal, Department of Health and Family Welfare, transferring the appellant who was previously employed as Presser, Department of Cardiology, Institute of Post-Graduate Medial Education and Research, Calcutta as Professor, Department of Cardiology, Nil Ratan Sarkar Medical College, Calcutta, with effect from the date on which he would join he post vice Dr. J. C. Ghosh.
(2.) The learned trial judge has inter alias, held as valid the said impugned order transferring the appellant to the post of Professor of Cardiology Nil Ratan Sarkar Medical College. There was no proof of any Alma fide or improper motive behind the order. The learned trial judge was unable to believe that the impugned order of transfer was motivate and/or passed in colorable exercise of powers and/or on extraneous ground or consideration. In the absence of proof of male fide, the learned trail judge declined to investigate whether the transfer order of the appellant had been passed in public interest. Accordingly, the trial judge held that the materials on record did not prove that the order of transfer had been passed male fide or with improper motive or was actuated by bias or that the transfer order had been passed to circumvent any disciplinary proceeding and/or to victimize the appellant by way of punishment.
(3.) Mr. Saktinath Mukherjee, learned advocate who has appeared on behalf of the appellant, has inter alias submitted that the trial court had committed error by not at all considering the appellant's case of malice in law. By filling a supplementary affidavit the appellant had placed on record the material facts which were not at all taken into consideration by the respondents before passing he impugned order transferring the appellant from the Institute of Post graduate Medical Education and Research to Nil Ratan Sarakar Medical College which is an under graduate institution. In this appeal before us, the appellant has assailed the impugned order of his tracery almost entirely on the said ground of alleged malice in law on the part of the respondents.;