AMIT SAHAI IFS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS application under Section 19 of the Administrative Tribunals Act, 1985 has arisen and is directed against the order dated 20.11.2001 transferring and posting the applicant as Deputy Conservator of Forests attached to the Conservator of Forests, Lower Assam Social Forestry Circle, Bongaigaon. A thumbnail sketch, relevant for the purpose of adjudication of the O.A. is summed up below:

(2.) The respondent Nos. 1, 2 and 4 contested the case. The respondent Nos. 1 and 2 in their written statement filed through the Joint Secretary, Government of Assam, Forest Department, denied and disputed any impropriety in passing the impugned order of transfer. In para 8 of the written statement the respondent Nos.l and 2 stated that some proposals were made by the State Government for the triennial review of the IPS Cadre including the Aie-Valley Division in the senior scale. The Government of India by Notification dated 9.11.1995 earmarked 22 out of 33 Territorial Deputy Conservator of Forests posts for cadre officers. The State Government, however, has not, so far, made any Division-wise identification of 22 posts of Territorial Divisions for cadre officers (IPS).

(3.) WE have heard Mr. B.K. Sharma, learned Sr. Counsel assisted by Mr. S. Sarma and Mr. U.K. Goswami, on behalf of the applicant, Mrs M. Das, learned Government Advocate, Assam, Mr Gautam Uzir, learned Counsel for the respondent No. 4 and also Mr. A.K. Choudhury, learned Addl. C.G.S.C., at length.