WP(C) 4246/2008 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. A.M. Majumdar, learned Sr. Counsel, assisted by Mr. R. Zaman, learned counsel for the petitioner as well as Mr. J.H. Saikia, learned c ounsel for the respondent No. 4. I have also heard Ms. R. Chakraborty, learned A dditional Sr. Govt. Advocate for the official respondents, who has produced the written instruction furnished to her. Mr. Saikia ahs also produced certain docum ents. The petitioner is aggrieved by Annexure-1 order dated 18.8.2008, by which he has been transferred to Kurihamari Barchulia Gaon Panchayat and in his place the respondent No. 4 has been transferred. Pursuant to the order of tr ansfer, the respondent No. 4 has been released from his earlier office by order dated 20.8.2008. As per the endorsement made by the President of No. 57 Daulasal Larkuchi Gaon Panchayat, the respondent No. 4 has joined at his new place of po sting on 22.8.2008. However, from the material on record, it appears that the pe titioner has not yet handed over the charge, for which by order dated 21.11.2008 he was directed to hand over the charge under threat of disciplinary action. Th us, the petitioner has defied the orders of the authority and has not handed ove r the charge even after expiry of more than three months from the date of passin g of the impugned order of transfer. As per the written instruction furnished to the learned State Co unsel there are certain allegations against the petitioner. Moreover, he has bee n serving in the present place of posting for the last several years and thus ov erdue for transfer. The only ground urged by the petitioner is that in case of h is transfer, he is to cross the river Brahmaputra. On this learned State Counsel submits that there is adequate ferry service and thus there is no difficulty fo r the petitioner to work in the new place of posting. Considering all the above and in absence of any malafide exercis e of power as well as violation of statutory rule I am not inclined to interfere with the impugned order of transfer. Consequently, the writ petition is dismiss ed. The documents produced are kept on record.