Basanta Hazarika v. The State of Assam and 3 Ors

ORDER Date : 09-09-2024 Heard Mr. P. Chetry, learned counsel for the writ petitioner. Also heard Ms. G. Bora, learned standing counsel, Health Department, Assam appearing for the official respondents. In this writ petition the transfer order dated 18-01-2019, by means of which, the writ petitioner was transferred from the Gauhati Medical College & Hospital and posted at Dibrugarh Medical College & Hospital has been put under challenge. The petitioner's counsel has admitted that the transfer order is more than 05 years old and there is no stay order operating in this case. As such, the writ petition has become infractuous for all practical purpose. Ms. G. Bora, learned standing counsel, Health Department has also makes similar submission. In view of the above, by granting liberty to the petitioner to approach this Court, as and when there is any fresh cause of action, this writ petition stands closed as infractuous. Page No.# 3/3

JUDGE GS Comparing Assistant

PageoNo.#o1/3 GAHC010021722019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/715/2019o BASANTAoHAZARIKAo S/OoLATEoBALARAMoHAZARIKAo R/OoVIJAYAoENCLAVE,oLAKHIMIoPATH,oGUWAHATIo-28,o oP.O.oBELTOLAo P.S.oBASISTHAo DIST.oKAMRUP,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARY,oDEPARTMENToTOoTHEo GOVT.oOFoASSAM,oHEALTHoANDoFAMILYoWELFAREoDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoJOINToSECRETARYoASSAMoTOoTHEoGOVT.oOFoASSAM oHEALTHoANDoFAMILYoWELFAREoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoGAUHATIoMEDICALoCOLLEGEoANDoHOSPITAL oGUWAHATIoREP.oBYoTHEoPRINCIPALoCUMoSUPERINTENDENT oGAUHATIoMEDICALoCOLLEGEoANDoHOSPITAL oGUWAHATIoBHANGAGARH oGUWAHATI-5 oKAMRUPo(M) oASSAM 4:THEoDIRECTORoOFoMEDICALoEDUCATION oASSAM Page No.# 2/3 KHANAPARA GUWAHATI -19 Advocate for the Petitioner : MR. N ZAMAN, MR. B CHOWDHURY,MR. S BORA,MR. A GANGULY,MR T CHHETRI Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM