WP(C) 5901/2010 BEFORE THE HON’BLE MR JUSTICE HRISHIKESH ROY The petitioner, who was transferred as the Circle Officer of Naharkatia Revenue Circle on 24.3.2010 and was thereafter posted a Asstt. Returning Officer, is agg rieved by the order dated 21.10.2010 (Annexure-F) whereby he has been re-transfe rred as Circle Officer, Katigorah Revenue Circle of Cachar District. It is contended by Mr. AK Goswami, learned senior counsel that only 7 months ago the petitioner joined as Circle Officer, Naharkatia and he should not have bee n transferred out, before completion of his normal tenure without approval for h is re-transfer, from the Chief Minister as per the State’s policy on transfer of Govt. Officials, declared through Memorandum dated 4.2.2002 (Annexure-G). The learned counsel also refers to the necessity of obtaining approval of the El ection Commission of India for transfer of officials such as inter alia, the Ele ctoral Registration Officers and it is submitted that approval of the Election C ommission was not obtained before the impugned order was issued. In pursuant to the direction of this Court, Mr. BJ Ghosh, learned Govt. Advocate has produced the transfer records. On perusal of the Govt. records it becomes clear that neither the approval of th e Election Commission nor of the Chief Minister was obtained before the impugned transfer order was issued. It is also apparent that the petitioner took over ch arge in his present station only on 23.4.2010. Having regard to the above, I am of the opinion that the impugned transfer decis ion disregards the Govt. Guidelines on transfer as well as the notification of t he Election Commission of India. Accordingly, the same is found to be unsustaina ble in law and is accordingly quashed. This petition stands allowed. The transfer records be returned to Mr. BJ Ghosh, the learned Govt. Advocate.