Paban Thakuria vs The State Of Assam And 3 Ors
2021 Latest Caselaw 204 Gua

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GAHC010005982021




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

                                 Case No. : WA/19/2021

            PABAN THAKURIA
            S/O- LATE SARBANANDA THAKURIA, PERMANENT RESIDENT OF VILL.-
            PANJABARI, P.O. PANJABARI, GUWAHATI, DIST.- KAMRUP(M), ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, TRANSPORT
            DEPARTMENT, DISPUR, GUWAHATI- 781006, KAMRUP(M), ASSAM.

            2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
            TRANSPORT DEPARTMENT
             DISPUR
             GUWAHATI- 781006
             KAMRUP(M)
            ASSAM.

            3:THE COMMISSIONER OF TRANSPORT
            ASSAM
             KHANAPARA
             GUWAHATI-22
             KAMRUP(M)
            ASSAM.

            4:AJAY DEKA
             MOTOR VEHICLE INSPECTOR
             OFFICE OF THE DISTRICT TRANSPORT OFFICER
             SONITPUR
            ASSAM
             PIN- 784001

Advocate for the Petitioner   : MR. B MAHAJAN
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Advocate for the Respondent : SC, TRANSPORT

BEFORE HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

JUDGMENT & ORDER (ORAL) 22.01.2021 (Sudhanshu Dhulia, C.J.)

Heard Mr. BK Mahajan, learned counsel for the appellant. Also heard Ms. MD Borah, learned Standing Counsel for the Transport Department, Government of Assam.

2. The writ appeal has been filed by the appellant/writ petitioner against the order of the learned Single Judge dated 08.01.2021 passed in WP(C)No.29/2021 wherein the relief sought for by the appellant/writ petitioner in the writ petition against his transfer from Goalpara to Biswanath has been dismissed. The admitted facts of the case are that the appellant/writ petitioner is working as an Motor Vehicle Inspector in the Assam Transport Department and was transferred from Kamrup district to Nalbari on 01.03.2019 and within one year thereafter he was transferred to Goalpara.

3. The transfer of the petitioner to Goalpara was necessitated as he was suspended and was attached to Goalpara. Now by the impugned transfer order dated 29.12.2020 which is a general transfer order of several officers, 18 Motor Vehicle Inspectors, including the appellant have been transferred. The only provisions that has been invoked in favour of the appellant/writ petitioner is the Office Memorandum dated 06.08.2013 which shows that when officer is to be transferred within 3(three) years from the date of posting, reasons have to be assigned and consent of the Chief Minister has to be taken. In this case, though consent of the Chief Minister was taken, but no specific reasons were assigned. This aspect, however, has been dealt with by the learned Single Judge stating that this was not a case of one single transfer, but a case of series of transfer and it was not possible for the authorities to assign reasons in each of the cases.

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4. Since this is the possible view, we do not interfere with the findings of the learned Single Judge and, therefore, as far as interference with the order of the learned Single Judge is concerned, we do not find any scope for interference.

5. All the same, since within two months or so, a fresh exercise of transfer for the year 2021 is to take place, we grant a liberty to the appellant/writ petitioner to make a representation either for his retention in Goalpara or for a transfer to any other place for which he may make a choice.

6. It is purely for the authority to consider the request of the appellant/writ petitioner and the representation shall be disposed of by a speaking order.

7. We dispose of the present writ appeal with the following directions:

(i) The appellant/writ petitioner to make a representation before the authorities which shall be considered and decided by a speaking order.

(ii) We make it absolutely clear that in case, the representation is decided and he is posted elsewhere, the applicant will forthwith join his new place of posting within 15(fifteen) days, failing which the Department would be at liberty to initiate disciplinary proceeding against the appellant/ writ petitioner.

8. We also make it clear that the appellant/writ petitioner shall not be disturbed in his present place of posting, till the disposal of his representation or till 31.03.2021, whichever is later.

9. With the above observations and directions, the writ appeal stands disposed of.

                                                     JUDGE                             CHIEF JUSTICE
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