Dr. Binit Chandra Moral v. The State of Assam and 8 Ors

ORDER

08.04.2024 Heard Mr. B.D. Konwar, learned senior counsel assisted by Ms. P. Gupta, learned for the petitioner. Also heard Mr. T.C. Chutia, learned Addl. Sr. Government Advocate for the respondents.

¶2The grievances of the petitioner is the order of transfer dated 28.02.2024 which was issued to the petitioner transferring the petitioner from his present place of posting to Kamrup (Metro). This order came to be modified by subsequent order which is annexed to the writ petition being order dated Page No.# 3/4

15.03.2024 from where he was shown to be transferred to the office of the Deputy Commissioner, Nalbari in place of Deputy Commissioner, Kamrup(Metro).

¶3The learned counsel for the petitioner submits that if this transfer order was indeed issued under the ECI Guidelines then the same appear to be in conflict with the ECI Guidelines itself as the new place of posting in Barpeta is the parent Electoral district of the writ petitioner. That apart, by communication dated 23.02.2024 issued by the Deputy Commissioner, Kamrup, Amingaon, no duties are shown to be entrusted to the present petitioner as against the duties entrusted to other officers mentioned in the order. The learned counsel for the petitioner submits that he is retiring within nine months and therefore at this stage transferring the petitioner in conflict with the ECI guidelines and that too without alloting any electoral duties does not satisfy the requirement of law as prescribed under the ECI Guidelines. It is evident that orders have been issued without proper appreciation of fact and without due application of mind. He therefore submits that these impugned orders be interfered with and set aside.

¶4Mr. T.C. Chutia, learned Addl. Sr. Government Advocate on the other hand submits that the transfer is issued in terms of the ECI guidelines and the petitioner is not covered under the exemptions under the ECI guidelines as he is retiring within nine months. Therefore, the authorities concerned considered it appropriate to have the petitioner transferred because of the ensuring election. He however, submits that the petitioner may approach the authorities by filing a representation and the competent authority will examine and pass necessary orders if required.

¶5Such prayer is not objected to by the learned Sr. counsel for the petitioner.

¶6Accordingly, the writ petition stands closed permitting the petitioner to file Page No.# 4/4 a representation before the respondents No. 2 & 3 namely the Commissioner and Secretary, Transformation & Development Department, Dispur and Addl. Chief Secretary, Transformation & Development Department, Dispur, ventilating his grievances in respect of the impugned transferred orders.

¶7The respondent authorities will examine the matter keeping in view the ECI guidelines as well as the various other Office Memorandum and Circulars issued from time to time read with the law laid down by the Courts of the country. The respondent authorities thereafter will pass a speaking order on such representation that may be filed and in the event the grievances of the petitioner regarding his transfer orders are found to be genuine then consequential orders be passed thereon modifying the transfer order earlier passed.

¶8In terms of the above, the writ petition stands disposed of. The petitioner will file the representation within one week from today along with the certified copy of this order. Any such speaking order that is passed, a copy thereof shall be served on the writ petitioner.

¶9Once the representation is filed, the respondent authorities will dispose of the same within a further period of two weeks from the date of receipt of certified copy of this order along with the copy of the representation as directed.

¶10Till then, the impugned orders dated 28.02.2024 and 15.03.2024 shall remain stayed in so far as the writ petitioner is concerned. 11 In view of the above, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010058892024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1627/2024o DR.oBINIToCHANDRAoMORALo S/O-oLATEoSATYARAMoMORAL,o R/O-oVILLAGE-oBHATUPARA,oP.O-oSUALKUCHI,oDIST-oKAMRUP,o P.S-oSUALKUCHI,oASSAM,oPIN-781103 VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oDISPUR,oGUWAHATI-781006 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oTRANSFORMATIONoANDoDEVELOPMENToDEPARTMENTo oDISPUR oGUWAHATI-781006 3:THEoADDITIONALoCHIEFoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oTRANSFORMATIONoANDoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI-781006 4:THEoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oTRANSFORMATIONoANDoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI-781006 5:THEoSENIORoPRINCIPALoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oTRANSFORMATIONoANDoDEVELOPMENToDEPARTMENTo Page No.# 2/4 DISPUR GUWAHATI-781006 6:THE DISTRICT COMMISSIONER AMINGAON KAMRUP-781103 7:THE DISTRICT COMMISSIONER NALBARI BERPETA-781308 8:SOMIOUR RAHMAN DO (SDO I/C) O/O- DC KAMRUP(M)-781006 9:BISWAJIT DAS DO (SDO I/C) O/O- DC BERPETA-78130 Advocate for the Petitioner : MR. B D KONWAR SR. ADV. Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA