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GAUHATI HIGH COURT
Ujjal Bhuyan, J.
Tarun Chandra Kalita - Appellant
Versus
State of Assam & Ors. - Respondent
WP(C) Nos.6994 and 7456 of 2015
Decided On : 07-01-2016
Assam Civil Services Rules, 1965 - Rule 22 - Petitioner submitted a representation before the Director of Health Services - Matter for fresh decision in accordance with law - Matter relates to transfer and posting of Upper Divisional Assistant under the establishment of respondent - Transferring the petitioner in the same capacity and posting him in the vacant post - It is stated that to enable the petitioner to join his new place of posting, he was released – Held, It is evident that petitioners transfer has been effected because of relentless pressure exerted by two powerful political personalities - Petitioner is a subordinate employee working under the Additional Chief Medical and Health Officer - If a subordinate employee exerts such political pressure on his administrative head, it can be well imagined the impact it will have on the office administration and discipline - Health Department should also take up the matter with the Personnel Department for issuance of circular/notification making it clear to the Government servants that bringing any political or outside pressure to influence decision-making in the Department would amount to a misconduct - In the light of the above discussion, this court finds no justification for issuance of the orders - Accordingly, both the orders are hereby set aside and quashed - Needless to say, consequent upon quashing of the aforesaid orders, the order passed by the Additional Chief Medical and Health Officer, would hold the field – Petition Allowed.
2. As a matter of fact, WP(C) No.6994/2015 was earlier disposed of by order, dated 20.11.2015. However, the Division Bench, by order, dated 7.12.2015, passed in WA No.368/2015 had set aside the order, dated 20.11.2015, remanding the matter for fresh decision in accordance with law. While so remanding the matter, it was directed that status quo as on the date of passing the appellate order, i.e., 7.12.2015, should be maintained by the parties.
3. WP(C) No.6994/2015 has been filed by Shri Tarun Chandra Kalita wherein Shri Basundhar Deka is the respondent No.4. On the other hand, Shri Basundhar Deka is the petitioner in WP(C) No.7456/2015 and respondent No.4 in that case is Shri Tarun Chandra Kalita.
4. Matter relates to transfer and posting of Upper Divisional Assistant (UDA) under the establishment of respondent No.3 i.e., Additional Chief Medical and Health Officer (FW), Darrang.
5. A short recital of the facts may be useful for adjudication of the case.
6. For the sake of convenience, Shri Tarun Chandra Kalita may be referred to as the petitioner and Shri Basundhar Deka may be referred to as respondent No.4.
7. Petitioner was serving as UDA in Patharighat RFWC (Main Center) under the establishment of Additional Chief Medical and Health Officer (FW), Darrang. It appears that one Shri Binod Bora, UDA in the said office, was retiring on 30.9.2015. In view of the anticipated vacancy following such retirement, petitioner submitted a representation before the Director of Health Services (FW), Assam, for his transfer from Patharighat RFWC (Main Center) to District Family Welfare Bureau (DFWB), Darrang. This representation was made on 18.8.2015.
8. Director of Health Services (FW), Assam, issued an order, dated 3.10.2015, transferring the petitioner in the same capacity and posting him in the vacant post of UDA at DFWB, Darrang, following retirement of aforesaid Shri Binod Bora.
9. It is stated that to enable the petitioner to join his new place of posting, he was released at Patharighat on 5.10.2015.
10. According to the petitioner, when he went to join in his new place of posting, he was not allowed to join. He came across an order, dated 8.10.2015, passed by the Additional Chief Medical and Health Officer (FW), Darrang, posting the petitioner against the vacant post of UDA at Mangaldoi Civil Hospital in the Post Partum Center in place of one Shri Bangshidhar Chaliha already transferred. The order, dated 8.10.2015, discloses that the post of UDA in the establishment of Additional Chief Medical and Health Officer (FW), Darrang, was already filled up by the senior-most UDA, i.e., respondent No.4, pursuant to order, dated 29.9.2015. At this stage, a brief reference may be made to the order, dated 29.9.2015 (sic). It is seen that the said order is actually dated 30.9.2015 and was issued by the Additional Chief Medical and Health Officer (FW), Darrang. As per the first part of the said order, respondent No.4, Accountant in the said office, was transferred as UDA in the vacancy which occurred due to retirement of Shri Binod Bora and as per second part of the said order, one Shri Bangshidhar Chaliha, UDA in the Mangaldoi Post Partum Center attached to Mangaldoi Civil Hospital was transferred to and posted as Accountant in place of respondent No.4.
11. Petitioner submitted representation, dated 8.10.2015, before the Director stating that he was not being allowed to join at DFWB despite his transfer in view of order dated 7.10.2015 of the Additional Chief Medical and Health Officer (FW), Darrang posting the petitioner in the Post Parrum Centre of Mangaldoi Civil Hospital as the post of UDA in his office was filled up by respondent No.4. Director of Health Services (FW), Assam, thereafter passed the order, dated 16.10.2015, declaring that the order, dated 7.10.2015, passed by Additional Chief Medical and Health Officer (FW), Darrang, stood cance
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