- (1.) In this writ petition, the petitioner has prayed for quashing Notification No. 339(S) dated 18th January, 2007 issued under the signature of the Respondent No. 3, whereby the petitioner has been transferred from the post of Assistant Engineer, Road Sub-Division, Saraikela to the post of Assistant Engineer, Road Sub-Division, Chatra-2.
(2.) The main ground for assailing the impugned transfer order is that the petitioner was posted at Saraikela by notification dated 29th December, 2006 and he has been transferred by the impugned order dated 18th January, 2007 within a short span of time. The said order is thus arbitrary, mala fide and violative of Article 14 of the Constitution of India. It has been further stated that the said order has been issued in order to accommodate the Respondent No. 4. who was put under suspension from the said post and after revocation of his suspension, he has been again posted at the said place.
(3.) The petitioner's writ petition has been contested by the State respondents as well as by the private respondents. The State respondents in their counter affidavit have stated that in the light of the resolution of the Cabinet Secretariat and Co-ordination Department, contained in Memo No. 3918 dated 25th October, 1980 (Annexure-A), a Government Employee/Officer cannot be posted in his Home District.;