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DEVASHIS BARUAH
Hanif Md. Afsar Alam Laskar – Appellant
Versus
State of Assam, represented by the Chief Secretary to the Govt. of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Ms. S. B. Choudhury, the learned counsel appearing on behalf of the petitioners and Mr. H. Sharma, the learned Standing counsel appearing on behalf of the respondent Nos. 1 and 6. I have also heard Ms. S. Sharma, the learned Standing counsel appearing on behalf of the respondent Nos. 2, 3, 4 and 5.
2. The instant writ petition has been filed challenging the order of transfer dated 03.03.2022 issued by the Deputy Commissioner cum Chairperson, District Health Society, Cachar, Silchar specifically on the ground that the Deputy Commissioner cum Chairperson, District Health Society has no authority or jurisdiction to issue the said transfer order.
3. It appears on record that this Court vide an order dated 17.03.2022 sought for instructions from the respondent Nos. 1 to 6 and further stayed the orders dated 01.03.2022 and 03.03.2023 issued by the respondent No. 6. The said interim order has been continued from time to time and the writ petition was last listed on 31.10.2022. It further appears on record that the respondent No. 6 who issued the transfer order had filed an affidavit-in-opposition. In paragraph No. 4 of the said affidavit-in-opposition, it
The main legal point established in the judgment is that the validity of an order must be judged by the reasons mentioned and cannot be supplemented by fresh reasons, and that a statutory functionary....
An authority lacking competence to issue a transfer order, especially in contravention of a standing directive, renders the order subject to judicial quashing under Article 226.
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