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IN THE HIGH COURT OF GAUHATI
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
UJJAL BHUYAN, J.
Baikuntha Konch – Petitioner
Vs.
State of Assam and Ors. – Respondents
WP(C) No. 1319 of 2015
Decided On : 28.05.2015
Assam Civil Services (Conduct) Rules, 1965 - Rule 22 - Constitution of India,1950 - Article 226 - Posted at Karunabari Development Block - Petitioner seeks quashing of notification whereby he has been retransferred and posted at Development Block in district of Development Block in district posting of petitioner on promotion at Development Block was modified and petitioner was posted at Development Block in district - In less than month notification was issued whereby previous notification was cancelled and petitioner was reposted at Development Block in district of instead of Development Block - Held, This Court had observed that Social Welfare Department should take up matter with the Personnel Department or such other Department as may be considered necessary to take necessary steps to stop this malady - It is not known at to what steps have been taken by the Social Welfare Department. Since matter has again come to notice of Court Panchayat and Rural Development Department should take up matter with Personnel Department to consider issuing general notification to make it clear to the Government servants that bringing any political or outside influence to influence decision making in Department would be construed as an act of misconduct - Writ petition is allowed
Case was heard yesterday and today is fixed for delivery of order.
2. Heard Mr. J. C. Gogoi, learned counsel for the petitioner and Mr. P. K. Roy Choudhury and Mr. S. U. Ahmed, learned counsel for respondent No. 5. Also heard Mr. B. J. Ghosh, learned Govt. Advocate, Assam, who has produced the relevant record.
3. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of Annexure-13 notification dated 27.02.2015 whereby he has been retransferred and posted at Paschim Kaliabor Development Block in the district of Nagaon from Karunabari Development Block in the district of Lakhimpur. By the said notification, transfer of respondent No. 5 from Karunabari Development Block to Biswanath Development Block in the neighbouring Sonitpur district has been stayed.
4. Facts of the case may be briefly noted.
5. Petitioner was serving as Extension Officer (Credit) under the Panchayat and Rural Development Department, Govt. of Assam. By notification dated 28.07.2014 issued by the Secretary of the Department, petitioner was promoted as Block Development Officer (BDO) and posted at Bokajan Development Block in the district of Karbi Anglong.
6. By notification dated 21.08.2014, posting of the petitioner on promotion at Bokajan Development Block was modified and petitioner was posted at Karunabari Development Block in the district of Lakhimpur. In less than 1 month, notification dated 09.09.2014 was issued whereby the previous notification dated 21.08.2014 was cancelled and petitioner was reposted at Sapekhati Development Block in the district of Sivasagar instead of Karunabari Development Block. By another notification of the same date, respondent No. 5 who was then serving as BDO, Telahi Development Block in the district of Lakhimpur was transferred and posted at Karunabari Development Block in the same district in place of petitioner who was transferred to Sapekhati Development Block.
7. Petitioner’s transfer notification dated 09.09.2014 was subsequently modified by another notification dated 24.10.2014 whereby petitioner was posted at Paschim Kaliabor Development Block, Nagaon instead of Sapekhati Development Block, Sivasagar. After about 2 (two) months, another notification dated 16.12.2014 came to be issued whereby petitioner was transferred from Paschim Kaliabor Development Block and posted back at Karunabari Development Block in place of respondent No. 5 who was transferred and posted at Biswanath Development Block in the neighbouring Sonitpur district. The officer who was posted at Biswanath Development Block was transferred to and posted at Paschim Kaliabor Development Block.
8. According to the petitioner, following the order dated 16.12.2014, he had handed over charge at Paschim Kaliabor Development Block and proceeded to take over charge at Karunabari Development Block. In fact he submitted joining letter in the Office of the Deputy Commissioner, Lakhimpur.
9. At that stage, respondent No. 5 moved this Court by filing WP(C) No. 6859/2014 assailing the transfer order dated 16.12.2014 whereby he was transferred from Karunabari Development Block to Biswanath Development Block. This Court by order dated 19.12.2014 while disposing the writ petition gave liberty to respondent No. 5 to approach the authority who had issued the notification dated 16.12.2014 by filing representation within 10 (ten) days. If the representation was filed within the period specified the authority was directed to consider the same and pass appropriate order in accordance with law. This Court further directed that till disposal of such representation, status quo as on 19.12.2014 should be maintained.
10. Deputy Secretary to the Govt. of Assam, Panchayat and Rural Development Department issued letter dated 21.01.2015 informing respondent No. 5 that following the order of this Court dated 19.12.2014, the matter relating to transfer of respondent No. 5 was reviewed by the Department and on such review it was decid
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