Lakhi Handiqui vs The State Of Assam And 4 Ors
2022 Latest Caselaw 930 Gua

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GAHC010051722022




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

                            Case No. : WP(C)/1879/2022

         LAKHI HANDIQUI
         S/O LATE JUGANANDA HANDIQUI
         R/O TANGANAPARA P.O. AND P.S. DHEMAJI, DIST. DHEMAJI, ASSAM, PIN-
         787057



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMMISSIONER, NORTH ASSAM DIVISION, TEZPUR, DIST.
         SONITPUR, ASSAM, PIN-784001

         2:THE DEPUTY COMMISSIONER DHEMAJI

          DIST. DHEMAJI
          ASSAM
          PIN-787057

         3:THE ADDITIONAL DEPUTY COMMISSIONER (EXCISE)

          DHEMAJI
          DIST. DHEMAJI
          ASSAM
          PIN-787057

         4:THE SUPERINTENDENT OF EXCISE DHEMAJI

          DIST. DHEMAJI
          ASSAM
          PIN-787057

         5:THE SUB-DIVISIONAL OFFICER (CIVIL)
          JONAI
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             DIST. DHEMAJI
             ASSAM
             PIN-78706

Advocate for the Petitioner   : MR. P TALUKDAR

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

16.03.2022

Heard Mr. P. Talukdar, learned counsel for the petitioner, who submits that the petitioner who has been working as a Junior Assistant in the Office of the Superintendent of Excise, Dhemaji vide order dated 08.03.2022 has been reverted back to his original place of posting i.e. Office of the Sub-Divisional Officer (Civil) Jonai.

2. The petitioner's counsel submits that a representation has been filed on 09.03.2022 by the petitioner, which is addressed to the Deputy Commissioner, Dhemaji with a request that the transfer order dated 08.03.2022 should be stayed. He submits that a direction may be issued to the Deputy Commissioner, Dhemaji to dispose of the petitioner's representation dated 09.03.2022 and that in the meantime, status quo as on today should be maintained.

3. Ms. M.D. Borah, learned counsel for the State respondents submits that the petitioner should be directed to join his new place of Page No.# 3/3

posting in terms of the judgment of the Apex Court in S.C. Saxena vs. Union of India & Others, reported in (2006) 9 SCC 583.

4. I have heard the learned counsels for the parties.

5. In the case of S.C. Saxena (supra), the Apex Court has held that a Government servant cannot disobey an order of transfer by not reporting at the place of posting and go to Court with his grievance. It is his duty to first report for work where he is transferred and then make a representation as to what may be his personal problems. The tendency of not reporting at the place of posting and indulging in need in litigation needs to be curbed.

6. In view of the decision of the Apex Court, this Court is not inclined to exercise it's discretion in the present case.

7. Accordingly, the writ petition is dismissed. However, as the petitioner has submitted an application dated 09.03.2022, the Deputy Commissioner, Dhemaji shall dispose of the said representation within a period of 3 (thee) weeks from the date of receipt of a certified copy of this order and communicate the decision taken therein to the petitioner.

JUDGE

Comparing Assistant