G.N.RAY, J. - (1.) This appeal is directed against an order dated 5th December, 1986 passed by the learned trial Judge disposing of the writ petition moved by the respondent No. 1, Sri Kamalendu Ghosh against the Regional Manager, Regional Office, the National Small Industries Corporation Ltd. and other respondents being respondents Nos. 2 to 5 in the instant appeal.
(2.) It appears that the writ petitioner respondent No. 1 Sri Kamalendu Ghosh moved a writ petition before this Court, inter alia, challenging the order of transfer passed by the Regional Manager, Regional Office of the National SmaNational Small Industries Corporation Ltd. transferring the writ petitioner to Cuttack by an order dated 25th November, 1986. The writ petitioner contended in the writ application that he was earlier transferred to Cuttack where he had served for more than three years and he became very ill there and made representations to come back to Calcutta The Executive Director (Development) strongly recommended the case of the writ petitioner for being transferred to Calcutta and it appears that ultimately the writ petitioner was brought back to Calcutta some time in the year 1983. It also appears that the writ petitioner became the representative of the N.S.L.C., P.T.C. Employees' Union in the Regional Office, Calcutta.
(3.) It is the case of the writ petitioner that the Regional Manager, Regional Office of the National Small Industries Corporation Ltd. at Calcutta became very displeased with the writ petitioner over the issues raised by the writ petitioner as a representative of the Union and it also appears that against some adverse remarks given by the said Regional, Manager in the confidential character roll of the writ petitioner, representation was made by the writ petitioner challenging the propriety and correctness of such adverse remarks and the writ petitioner also asked for leave from the Head Office at Delhi to sue the Regional Manager, Regional Office, Calcutta for making defamatory statement in the confidential character roll. It is also the case of the writ petitioner that previously a Development Officer could be transferred by the Head Office at Delhi. But the Regional Officer had been invested with the power of transferring officers up to the rank of Development Officers and such power was received by the Regional Manager, Regional Office at Calcutta on 25th November, 1986 and on the very same day the writ petitioner was transferred to Cuttack by the Regional Manager. The writ petitioner contended in the writ petition that the said order of transfer was mala fide and was made to wreak vengeance on him without any administrative reason whatsoever.;