WP(C) 515/2011 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. A.M. Majumdar, learned Sr. counsel assisted by Ms. D. Borgohai n, learned counsel appearing for the petitioner as well as Ms. R. Deka, learned Standing counsel, PWD. The petitioner is aggrieved by Annexure-4 notification dated 24.01.2011 by which he has been transferred from Karimganj NEC Division to Umpanai Road Div ision in the District of Karbi Anglong (Dima Hasao). As per the said order as ma ny as 28 officers have been transferred. The impugned order takes note of the in struction of the Election Department vide letter dated 07.12.2010. According to the petitioner he being neither the resident of Karimganj nor having completed t hree years of tenure at Karimganj, does not come within the purview of the Elect ion Commission guidelines. Ms. R. Deka, learned Standing counsel, PWD has produced the records on p erusal of which it cannot be said to be a case of any malafide exercise of power . Transfer being an incident of service, this Court exercising the power of judi cial review under Article 226 of the Constitution of India cannot sit on appeal over the decision of the competent authority. Be that as it may, since it is the case of the petitioner that he does not come within the purview of the Election Commission guidelines, it will be open for him to make a representation agitati ng his grievance against his transfer. In fact, he has already filed a represent ation on 03.01.2011 to the Commissioner & Special Secretary, PWD. Considering the matter in its entirety, the writ petition is disposed of directing the said Commissioner & Secretary to act on the said representation d ated 03.01.2011 as expeditiously as possible, but any rate not later than 10.02. 2011 taking all the relevant consideration including the grounds for which he wa s transferred. Till then, i.e. 10.02.2011, status quo as on today regarding his present posting, shall be maintained.