Someswar Nath vs The State Of Assam 3 Ors
2021 Latest Caselaw 1792 Gua

                                                                     Page No.# 1/3

GAHC010108632021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/3455/2021

            SOMESWAR NATH
            SON OF KALIRAM NATH
            R/O WARD NO. 12,
            K.B. ROAD, P.O. AND P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM



            VERSUS

            THE STATE OF ASSAM 3 ORS
            REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
            DEPARTMENT OF ELEMENTARY EDUCATION, DISPUR, GUWAHATI-781006.

            2:THE SECRETARY TO THE GOVT. OF ASSAM

             DEPARTMENT OF ELEMENTARY EDUCATION
             DISPUR
             GUWAHATI-781006

            3:THE DIRECTOR

             ELEMENTARY EDUCATION
             ASSAM KAHILIPARA
             GUWAHATI-781019.

            4:THE DISTRICT ELEMENTARY EDUCATION OFFICER

             LAKHIMPUR
             P.O. AND P.S. NORTH LAKHIMPUR
             LAKHIMPUR
             ASSA

Advocate for the Petitioner   : MR. R PHUKAN
                                                                        Page No.# 2/3

Advocate for the Respondent : SC, ELEM. EDU




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                        ORDER

Date : 06/08/2021

As required by the order dated 29.07.2021, Mr. B. Kaushik, learned counsel for the Elementary Education Department has produced the records as to why the petitioner was transferred and posted in the Office of Deputy Inspector of Schools, Nalbari.

2. Mr. B. Kaushik, learned counsel makes a statement based on the record that there are serious allegations against the petitioner that taking advantage of his official position he had issued some fake appointment letter for teachers. The respondents may put the said information in the form of an affidavit.

3. It is stated that the affidavit would be filed within one week. If the petitioner desires to file reply, they may do so within one week thereafter.

4. Mr. S.N. Sarma, learned senior counsel for the petitioner raises a legal issue that if it is so, the transfer would be a punitive transfer, which is impermissible under the law. On the other hand, Mr. B. Kaushik, learned counsel for the Elementary Education Department submits that there are judgments to the contrary which provides that in certain given circumstance, a person may be transferred out in order to enable the authorities to conduct the proper enquiry in the matter where are the serious allegation.

5. In view of such submission, we intend to given a final consideration to the dispute involved by the next returnable date.

6. Issue notice, returnable in 2 (two) weeks. Extra copies be furnished within three days.

Page No.# 3/3

Interim order passed earlier shall continue till then.

JUDGE

Comparing Assistant