WP(C) 3216/2008 BEFORE HON’BLE TMR JUSTICE AMITAVA ROY Heard Mr AM Mazumdar, Senior Advocate assisted by Mr AM Borbhuiya, Advo cate counsel for the petitioner. Also heard Mr A Deka, learned Standing Counsel, Education department. The petitioner is before this Court being aggrieved by the order dated 2 4.7.2008 passed by the Inspector of Schools, HDC, Hailakandi transferring him to I.C.M.C. High School, Boalipur in his own grade and scale of pay. The impugned order discloses that the same had been impelled by considerations of gross all egations subsisting against him and maintenance of academic interest and the sanctity of the institution where he had been serving. The petitioner has chall enged the order inter alia on the ground that the Inspector of Schools, HDC, Hai lakandi had no jurisdiction to pass the same and that the transfer is barred in view of ban on inter district and intra district transfers as conveyed by commu nication dated 22.9.2006. After hearing the learned counsel for the parties, this Court on 1.8.200 8 on the basis of the written instructions communicated vide letter No. GB- EST /DSE/CC/126/2008/7 dated 31.7.2008 recorded the want of authority of the Inspector of Schools, HDC, Hailakandi to pass the impugned order. It was also observed that the ban as referred to hereinabove is still in force. This Court also recorded on the basis of the submission ma de by the learned Standing Counsel, Education Department that the Director of Se condary Education, Assam has not approved the order assailed. The impugned order was therefore stayed leaving the State respondents at liberty to take necessar y steps in accordance with law. Today, the learned Standing Counsel, Education Department prays for furt her time to file affidavit. After hearing the learned counsel for the parties and considering the revelations noticed in the written instructions referred to hereinabove, this Co urt considers it expedient to close this petition by interfering with order impu gned. Ordered accordingly. As the transfer is an incidence of service, this order would not be a ba r for the State respondents to take further appropriate steps in this regard in accordance with law. The petition stands closed in the above terms. No costs.