Dhiren Bharali v. The State of Assam and 6 Ors

ORDER

08.04.2024

Heard Mr. C. Goswami, learned counsel for the petitioner. Also heard Mr. P. Handique, learned Standing Counsel, Panchayat & Rural Department (P&RD). 2] This writ petition is filed by the petitioner aggrieved by the fact that pursuant to the common transfer order issued on 12.03.2024 (Annexure-A of the writ petition), whereby the petitioner was transferred and posted at Diomoria Development Block, Kamrup (M) attached to SIPRD from Bhidia Page No.# 3/5 Jajikona Development Block, Kamrup. He was subsequently released from his posting at Bhidia Jajikona Development Block, Kamrup to enable him to join in his new place of posting i.e. Diomoria Development Block, Kamrup (M). After having joined in his new place of posting, he was surprised when he was served with a subsequent transfer order dated 15.03.2024 (Annexure-J of the writ petition), whereby the petitioner's transfer order was modified and he was transferred and posted at Balijana Development Block, Goalpara. 3] Learned counsel for the petitioner submits that the petitioner having rendered his service to the satisfaction of all concerned has not been informed as to why 2 (two) transfer orders were issued within a period of less than 10 days. No reasons have been given as to why the petitioner's earlier transfer order was modified by the impugned transfer order dated 15.03.2024. He had ventilated his grievances before the Principal Secretary, Government of Assam, Panchayat and Rural Development Department by his representation dated

16.03.2024. It is submitted that his representation is not disposed of as a consequence thereof he has approached this Court for appropriate order and directions. 4] Mr. P. Handique, learned Standing Counsel, P&RD submits that he has no instructions at this stage. However, in view of the representation dated Page No.# 4/5

16.03.2024 stated to be filed before the Principal Secretary, Government of Assam, P&RD Department which is stated to be pending, it is submitted that the writ petition can be disposed of with a direction to the Principal Secretary, Government of Assam, P&RD Department to examine the matter and dispose of the said representation. 5] Having heard the learned counsel for the parties and taking into consideration their submissions made as well as the pleadings on record, this Court is of the view that since the representation has already been filed and the same is stated to be pending before the Principal Secretary, Government of Assam, P&RD Department, let the matter be examined by the Principal Secretary, Government of Assam, P&RD Department as to why the earlier order of transfer dated 12.03.2024 in respect of the writ petitioner required subsequent modification and the reasons therefor. The Principal Secretary, Government of Assam, P&RD Department will examine the matter and pass a speaking order on the representation dated 16.03.2024. Any such speaking order thereof is passed shall be informed to the writ petitioner. The exercise shall be completed by the Principal Secretary, Government of Assam, P&RD Department within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order. However, till the disposal of the representation dated

16.03.2024, the impugned transfer order dated 15.03.2024 in respect of the Page No.# 5/5 writ petitioner is concerned shall remain stayed. 6] In terms of the above, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010059432024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1639/2024o DHIRENoBHARALIo S/O-oSRIoDHANOoRAMoBHARALI,oVILL.-oKAIHATI,oP.O.oSOLMARA,oDIST.o NALBARI,oASSAM,oPIN-o781338. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoPANCHAYAToANDoRURALoDEVELOPMENT,oDISPUR,o GHY-6. 2:THEoCOMMISSIONER oDEPARTMENToOFoPANCHAYAToANDoRURALoDEVELOPMENT oASSAM oPANJABARI oGHY-37. 3:THEoSECRETARY oGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENT oDISPUR oGHY-6. 4:BLOCKoDEVELOPMENToOFFICER oDIMORIAoDEVELOPMENToBLOCK oKAMRUP(M) oASSAM 5:BLOCKoDEVELOPMENToOFFICER oBALIJANAoDEVELOPMENToBLOCK oGOALPARA Page No.# 2/5 ASSAM 6:BLOCK DEVELOPMENT OFFICER BIHDIA JAJIKONA DEVELOPMENT BLOCK KAMRUP ASSAM 7:KHANINDRA SARMA ASST. EXECUTIVE ENGINEER DIMORIA DEVELOPMENT BLOCK KAMRUP(M) ASSAM RESIDENT OF LAKHIMI PATH HATIGAON GUWAHATI KAMRUP(M) ASSAM PIN- 781038 Advocate for the Petitioner : MR C GOSWAMI Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA