Prosenjit Das v. The State of Assam and 5 Ors

O R D E R

23.02.2024

Heard Mr. K. Mira, learned counsel for the petitioner. Also heard Mr. P. Handique, learned counsel, appearing on behalf of Mr. K. Konwar, learned Standing Counsel, P&RD for respondent Nos.1, 2, 4 and 5 as well as Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam for respondent No.3.

¶2The petitioner is aggrieved with the office order dated 25.01.2024 by which he has been relieved from Ayenakhal Gaon Panchayat and posted at Niz-vernerpur-Sarbanandapur Gaon Panchayat vice respondent No.6.

¶3It is the case of the petitioner that the office order dated 25.01.2024, which was issued by the Chief Executive Officer, Zila Parishad, Hailakandi is in violation of the Notification dated 17.05.2023 issued by the P&RD (B) Department inasmuch the Notification dated 17.05.2023 provides that for administrative convenience and in the interest of public service, Deputy Commissioners in general area districts are hereby authorized to make transfer and posting of Block Development Officers, Engineers, Gaon Panchayat Secretaries and all other regular officers and staff including all contractual employees of Panchayat and Rural Development Department within their jurisdiction.

¶4It is the case of the petitioner that the office order dated 25.01.2024 issued by the Chief Executive Officer, Hailakandi Zilla Parishad by which the petitioner has Page No.# 3/3 been transferred is in conflict with the Notification dated 17.05.2023 inasmuch as the Chief Executive Officer has no authority to issue transfer orders.

¶5After hearing learned counsel for the parties, this writ petition is disposed of directing the petitioner to make a representation before the Principal Secretary, P&RD Department within a period of one week from today. Thereafter, the Principal Secretary, P&RD Department shall consider the representation made by the petitioner and dispose of the same in accordance with law within a period of two weeks from the date of receipt of the representation to be made by the petitioner. Till the representation is disposed of, status quo as on today shall be maintained.

¶6With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010035852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/959/2024o PROSENJIToDASo S/OoPROVASHoCHANDRAoDAS,o ADDRESS-oHAILAKANDIoTOWNoWARDoNO.o1,oSILCHARoROAD,oP.O.oANDo P.S.-oHAILAKANDI,oDIST.-oHAILAKANDI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPTT.,oPANJABARI,o GUWAHATI-o37. 2:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPTT. oPANJABARI oGUWAHATI-o37. 3:THEoDEPUTYoCOMMISSIONER oHAILAKANDI. 4:THEoCHIEFoEXECUTIVEoOFFICER oZILLAoPARISHADoHAILAKANDI. 5:THEoBLOCKoDEVELOPMENToOFFICER oLALAoDEVELOPMENToBLOCK oDIST.-oCACHAR oASSAM. 6:PRITAMoDHAR oS/OoNIKHILoCHANDRAoDHAR oR/OoHAILAKANDIoTOWNoWARDoNO.o4 oP.S.oANDoDIST.-oHAILAKANDI oASSAM oPIN-o788151o Page No.# 2/3 Advocate for the Petitioner : MR. K MIRA Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR