WP(C) 4044/2009 BEFORE THE HON’BLE MR. JUSTICE B. K. SHARMA Heard Mr. A.K. Goswami, learned senior counsel assisted by Mr. A.K. Tal ukdar, learned counsel for the petitioner. Also heard Mr. A. Borkotoki, learned Standing Counsel, Education. The petitioner is aggrieved by the Annexure-D order dated 17.8.09, by wh ich he has been transferred from Cachar, Silchar to North Lakhimpur. The petitio ner holds the post of District Adult Education Officer. By virtue of an interim order passed on 18.9.09, the petitioner is still continuing as DAEO, Cachar, Sil char. By now, more than 14 months have elapsed and yet the respondents have no t responded to this proceeding by filling any counter affidavit. However, Mr. Bo rkotoki, learned Standing Counsel, Education, has produced the purported records pertaining to this matter. The petitioner has annexed the Annexure-E note dated 4.8.09 made by the MLA, South Karimganj (Siddeque Ahmed) to the Education Minister, Assam, which re ads as follows :- MINISTER EDUCATION, ASSAM Shri A.K. Tapadar, Dist. Adult Education Officer, Cachar, Silchar did not help o ut party during last parliamentary & Municipality Election 2009 even after repea ted pursuation from our end. So he may be transferred to Kokrajar or North Lakhimpur Dist. Immediatel y for the interest of party and the Govt. Sd/- ( SIDDEQUE AHMED) MLA, SOUTH KARIMGANJ . On the body of the aforesaid note, the Minister has given the endorsemen t Please look into it and take immediate action . Thereafter the aforesaid Anne xure-D impugned order dated 17.8.09 was issued. While it is the case of the petitioner that he has been transferred beca use of the aforesaid note and the endorsement but according to Mr. Borkotoki, le arned Standing Counsel, Education, the petitioner has been transferred for viola tion of conduct rules. The records have revealed that there was request from the Deputy Commissioner, Cachar to take disciplinary action against the petitioner due to his negligence in duty and non-compliance of the direction of the higher authorities. However, nothing has been disclosed as to in what respect, there wa s non-compliance of the direction of higher authorities and as to how the petit ioner was negligent to his duties. On the other hand, file has revealed that the notes furnished by the officials of the Education Department, standing that the Secretary District Congress, Karimganj with other Secretaries had brought serio us allegation against the petitioner of motivating the public against the ruling congress party and in favour of AUDF, also presided in a public meeting and gav e public speech against the Chief Minister of the Sate. As per the note, the Sec retaries desired immediate transfer of the petitioner from Karimganj. The note a lso refers to the alleged message of the Deputy Commissioner. It is on the above basis, the petitioner was transferred. From the above, what is seen is that there is allegation and counter all egation with the involvement of the officials of the Education Department in fur nishing notes in political consideration, which is unbecoming of Govt. officials . In view of the above, more particularly, when the respondents have not s hown any interest in vacating the interim order passed on 18.9.09, the writ peti tion is disposed of providing that the respondents may not give effect to the im pugned notification dated 17.8.09 at this stage. However, it will be open to the respondents to transfer the petitioner from present place of posting on valid g rounds, public interest and if the situation so demands. Writ petition is disposed of.