WP(C) 6000/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. B.K. Sarma, learned counsel for the petitioner as well as Mr. M.K. Choudhury, learned Sr. Standing counsel assisted by Mr. U.K. Goswami, learn ed Standing counsel, Education Department. The petitioner is aggrieved by Annexure-7 order dated 20.10.2010 by whic h he was reversed back to his former place of posting. The petitioner who is ser ving as Statistical Assistant under the respondents and while was posted as such in the office of the D.I. of schools, Dhansiri, Sarupathar was transferred to t he Office of the Block Elementary Education Officer, Golaghat West Block, Bokakh at vice respondent No. 6. Pursuant to the said order of transfer, he was also re leased from Dhansiri, Sarupathar enabling him to join at Bokakhat and in fact he joined at Bokakhat by submitting joining report on 02.09.2010. After about one month, the Director of Elementary Education, Assam issue d Annexure-6 order dated 10.10.2010 staying the aforesaid transfer order dated 2 7.08.2010. Thereafter, by impugned Annexure-7 order dated 20.10.2010, the petiti oner has been reversed back to his former place at Dhansiri, Sarupathar. Being a ggrieved, the petitioner has filed the instant writ petition. In the counter affidavit filed by the respondent No. 2, i.e. the Directo r of Elementary Education, Assam, it has been stated that the petitioner has bee n reversed back to his former place in view of the representation made by the Pr imary Teacher Association, Bokakhat on 03.09.2010 alongwith forwarding letter da ted 06.09.2010 given by the Block Elementary Education Officer (BEEO), Golaghat West Block, Bokakhat in which serious allegation against the petitioner involvin g corrupt practices was made. It has also been stated that documentary evidence was adduced regarding such corrupt practices during the period of his earlier te nure at Bokakhat. According to the affidavit, the petitioner was posted at Bokak hat on the basis of the representation made by his wife. In paragraph-6, it has been stated that the representation made by the petitioner was also forwarded by the BEEO, Golaghat West Block, Bokakhat. According to the said affidavit, the petitioner was earlier transferred to the office of D.I. of School, Dhansiri, Sarupathar by order dated 23.07.07 is sued by the Director of Elementary Education, Assam while he was working as Stat istical Assistant in the office of BEEO, Golaghat West Block, Bokakhat. The said transfer order was issued in modification of the earlier transfer order dated 0 8.06.07 on being furnished information that the petitioner was not allowed to jo in at this place of posting as there was agitation against him for his alleged m alpractice and corruption. Mr. Goswami, learned Standing counsel, Education Department has produced the relevant documents on perusal of which what is seen is that the transfer of the petitioner from Dhansiri, Sarupathar to Bokakhat was on the basis of the en dorsement made by the MLA, Bokakhat Constituency to the effect, Please take nec essary action . The DEEO, Golaghat West Block, Bokakhat vide his letter dated 05.08.2010 addressed to the Director of Elementary Education, Assam forwarded the represen tation made by the petitioner for his transfer to Bokakhat. It is not discernibl e as to whether the said letter was accompanied with the aforesaid endorsement o f the MLA. The records have further revealed that the wife of the petitioner made r epresentation dated 05.07.2010 to the Minister, Education, praying for transfer of his husband to Bokakhat. On the body of the representation, the said MLA of B okakhat Constituency made an endorsement for necessary action. The endorsement i s dated 05.07.2010. The representation also contains the endorsement of the Mini ster, Education, Assam made to the Director of Elementary Education, Assam to th e following effect- Please take necessary action as suggested by local MLA . A s to what followed thereafter has been noted above. After the aforesaid developments and posting of the petitioner at Bokakh at, the particular teacher unit made representation in which certain allegation s of malpractice and corrupt practice allegedly done by the petitioner was alleg ed. As per the said representation, during the tenure of the petitioner at Bokak hat there was lot of financial irregularities. Considering the above representation, the Director of Elementary Educati on, Assam initially stayed the transfer order of the petitioner and thereafter r everted back the petitioner to his former place of posting at Dhansiri, Sarupath ar. The question necessarily arises at to whether the officials of the Educa tion Department are merely to act on the recommendation of the MLA/Minister or t hey are to take decision on the basis of the available materials. Even prior to the representation made by the teachers unit it was known to the officials of th e Education Department that there are certain allegations against the petitioner . This is precisely the reason as to why while processing the transfer of the pe titioner to Bokahat a query was made as to whether any departmental proceeding w as pending against the petitioner to which reply made was in negative. The MLA/M inister without any cross verification or the antecedent, made the recommendatio n for transfer of the petitioner to Bokakhat. Such recommendation is on the bas is of the representation made by the wife of the petitioner. As submitted, there is ban on entertaining representation made by the relatives including the wife of the official/employer in the matter of transfer etc. However, the departmenta l Minister ignored the same and made the aforesaid endorsement. As to what happe ned thereafter, has been noted above. It is only after the representation made by the teachers’ unit, the eyes of the authority of the Education Department opened and took the impugned actio n. The whole episode was created by political interference by recommending the t ransfer of the petitioner without any cross verification. The Departmental Minis ter ought not have acted in the matter only for transfer of a Statistical Assist ant. It is for this reason, it is whispered that such course of action is adopt ed only to serve ulterior motive. However, no opinion is expressed in this regar d. Having regard to the circumstances in which the petitioner is transferre d to his former place of posting, I am not inclined to interfere with the impugn ed order. Consequently, the writ petition is dismissed. Interim order passed ear lier stands vacated.