WP(C) 3624/2008 BEFORE HON’BLE MR. JUSTICE RANJAN GOGOI The petitioner, who is a Junior Engineer, was initially transferred from the Bas ka Development Block to the Bongaon Development Block by order dated 17.9.2007. However, he was not released from the Baska Development Block by the respondent No.4, Block Development Officer, Baska Development Block. The petitioner was aga in transferred to the Headquarters of the DRDA at Nalbari by an order dated 9th of June 2008 which has been passed in supersession of the earlier transfer order dated 17.9.2007. The grievance of the petitioner is that this time also he is n ot being released by the respondent No.4. In the above facts the Court had required the learned Standing Counsel, BTC, to obtain instructions from the respondent No.4 as to why the petitioner is not bei ng released so as to enable him to join his new place of posting. The instructions received by Sri K. Das, learned Standing Counsel, BTC, are to t he effect that the petitioner has been assigned certain works by the respondent No.4 which has not been completed. That apart, Sri Das has also informed the Cou rt that there are allegations of commission of financial irregularities against the petitioner. It is the considered view of the Court that none of the aforesaid two grounds wo uld authorize the respondent No.4 to refuse to release the petitioner pursuant t o the transfer order issued by the competent authority. Insofar as pending works is concerned, certainly the same cannot come in the way of giving effect to a t ransfer order. As far as financial irregularities is concerned, if there are all egations to the said effect the transfer of the petitioner will not be an impedi ment for necessary action against him in accordance with law. For the aforesaid reasons, the Court is of the view that the action of the respo ndent No.4 in refusing to release the petitioner from the Baska Development Bloc k cannot be sustained in law. The respondent No.4 is, therefore, directed to rel ease the petitioner from the said Block forthwith so as to enable the petitioner to join in his new assignment pursuant to the transfer order dated 9th of June 2008. The writ petition, consequently, is closed in terms of the above directions. Copy of this order be furnished to Sri K. Das, learned Standing Counsel, BTC..