- (1.) The petitioner in this Rule has been serving, at the material time, in the post of Nazir in the Nezarath Section of the Office of the Sub-Divisional Officer, Siliguri. The petitioner, according to his case, has been under Government service for over 24 years and his career is characterised with remarkable efficiency in the posts served by him from time to time. His entire service record all through has been remarkably good and has been favourably dealt with by the authority concerned. The petitioner was posted by an order No. 63/Estt. dated July 29, 1977 from the post of a L. D.Assistant in Siliguri Sub-Treasury to the post of Nazir, S. D. O's Office, Siliguri. The order which contained transfers and postings in all of 12 U.D. and LD. Assistants of the Office of the Sub-Divisional Officer, Siliguri General Department was stated by the then Sub-Divisional Officer, Siliguri to be in interest of public service. The petitioner has been serving with great efficiency in his new post which was appreciated by the authorities. According to the petitioner, he was not liable to transfer for a period of 5 years under R. 109 (h) of the West Bengal Board's Miscellaneous Rules 1955. The Rule is as follows : "109. Clerks dealing with money and accounts. (i) No Clerks (except Treasurers) holding responsible positions as heads of offices dealing with accounts and money can be allowed to hold their appointments uninterruptedly for an indefinite time. (ii) Clerk, holding the post of Treasury Accountant, Tansi Navis, Nazir, Head Clerk of the Cess and Excise Departments or Fine Clerk, and other clerical heads of departments dealing with accounts and money, are liable to transfer after 5 years; their transfer is compulsory after 7 years. Such transfers may be to another department of the same office or to another office, and shall extend over a period of at least 6 months..............."
(2.) The petitioner's case is that in direct violation of the above Rule an order was passed by the respondent No. 3, the Sub-Divisional Officer, Siliguri, which is as follows: GOVERNMENT OF WEST BENGAL Office of the Sub-Divisional Officer, Siliguri, Establishment Section. ORDER Order No. 87/Estt. Dated, Siliguri, the 2-9-1978. The following transfers of staff is hereby ordered which will take effect immediately and all movements must be completed by 7-9-78 positively: SI. No. Name of Assistants New place of posting 1. Sri Rahim Paul, L. D. Assistant Nezarath Section (as Nazir) 2. Sri Kanak Bose " Certificate Section 3. Sri Bidyut Chakraborty " Office of the J. L. R. 0. Kharibari 4. Smt. Swapna Goswami " Treasury (Compilation Section) 5. Sri Anindra Sinha " Establishment Section 6. Sri Ahit Sinha " Certificate Section 7. Sri Jagadish Deb " Establishment Section 8. Sri Jagadish Roy " Normal Relief Section 9. Smt. Snehlata Dam " Office of the J. L. R. 0., Siliguri 10. Smt. Reba Bhattacharjee " Treasury (Cheque Section) 11. Sri Nimai Roy " Office of the J. L. R. O., Kharibari 12. Sri Tapan Banerjee " Office of the J. L. R. O., Siliguri 13. Smt, Amita Roy " Treasury (Compilation Section) 14. Sri Bidhu Ranjan Das " Treasury (Cheque Section) 15. Sri Gopalda Sarkar U. D. " Civil Defence 16. Sri Tulsidas Chakraborty, U. D. " R. R. Department & Development Department 17. Sri Amal Ghose L. D. " Treasury (Compilation Section) Sd/- R. N. GUPTA, 30-8-78 Sub-Divisional Officer, Siliguri. Memo. No. 6440 (30) Estt. Dated, Siliguri the 2-9-78. Copy forwarded to: Shri Kanak Bose, L. D. Assistant, Nezarat Section, S.D.O Office, Siliguri. Immediate compliance. Sd/-R.N.GUPTA, 2-9-78 Sub-Divisional Officer, Siliguri.
(3.) The petitioner states that the above order on the face indicates that it was not made in the public interest. The petitioner further states in his petition of motion as follows : "7............that your petitioner submits that the impugned order of transfer of your petitioner is an outcome of the influence of the present Co-ordination Committee of the Office of the Sub-Divisional Officer, Siliguri with which your petitioner has got conflict for some time past due to political reasons. Hence, the impugned order of transfer is completely mala fide which has been passed under the influence and instigation of the said Co-ordination Committee upon the respondent No. 3." The petitioner further submits that the order has come upon him as a penalty and will attach to his service career as a stigma in respect of his promotion in future. As such order of transfer within a year is, unusual, the order will act as a backdrop in considering his case for promotion. The petitioner's representation against the order has not been of any result and the time for handing over charge was extended till Oct. 20, 1978.;