Gauhati High Court
Dr. Lohit Kumar Kalita vs The State Of Assam And Ors on 25 July, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010160792025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4108/2025
DR. LOHIT KUMAR KALITA
S/O- LATE CHANDRA KANTA KALITA.
R/O- HOUSE NO- 04, B AND B COURT, SUNDARPUR BYE LANE NO- 2 P.O-
JAPORIGOG DISPUR ,GUWAHATI, DISTRICT- KAMRUP METRO, ASSAM,
PIN-781005.
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM,
DISPUR, GUWAHATI-781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
MEDICAL EDUCATION AND RESEARCH DEPARTMENT
DISPUR
GUWAHATI-781006.
3:THE SECRETARY TO THE GOVT OF ASSAM
MEDICAL EDUCATION AND RESEARCH DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-781006.
4:THE ADDL. SECRETARY TO THE GOVT OF ASSAM
MEDICAL EDUCATION AND RESEARCH DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-781006.
5:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIXMILE
GUWAHATI-22.
6:THE SUPERINTENDENT OF STATE CANCER INSTITUTE
GUWAHATI MEDICAL COLLEGE
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BHANGAGARH
GUWAHATI-32.
7:THE SENIOR DIRECTOR OF STATE CANCER INSTITUTE
GUWAHATI MEDICAL COLLEGE
BHANGAGARH
GUWAHATI-32
Advocate for the Petitioner : MR. K N CHOUDHURY, MR. TANUZ KASHYAP,MR. J
PATOWARY
Advocate for the Respondent : GA, ASSAM, SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
25.07.2025
Heard Mr. J. Patowary, learned counsel for the petitioner. Also heard Mr. B.
Gogoi, learned Additional Advocate General for the Health Department.
The petitioner before this Court is aggrieved by the fact that, despite
serving as an Assistant Professor in the Oncology Department of Guwahati
Medical College, his claim for promotion to the post of Associate Professor in the
same department has not been considered. Consequently, the petitioner
approached this Court by filing WP(C)/2858/2018, which was disposed of by a
judgment and order dated 16.05.2024. By the said judgment, the respondent
authorities were directed to promote the petitioner to the post of Associate
Professor, Oncology Department, Guwahati Medical College, with effect from
09.09.2014.
It is the submission of the learned counsel for the petitioner that, in an
attempt to avoid compliance of the Court's directions, the petitioner was issued
a transfer order to Dibrugarh. This transfer order was challenged before this
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Court in WP(C)/1084/2025, and by an order dated 17.02.2025, the said transfer
order was stayed. The matter is currently pending final adjudication before this
Court.
While the matter remained sub judiced, the respondent authorities have
now issued a charge memo dated 24.04.2025, levelling charges against the
petitioner and proposing imposition of penalty under Rule 7 of the Assam
Services (Discipline & Appeal) Rules, 1964.
That apart, the respondent authorities have also abolished the Department
of Oncology at Guwahati Medical College. All other medical professionals and
doctors working under the Oncology Department have been transferred to
various other departments by an order dated 13.06.2025. However, the name of
the petitioner does not appear in the said transfer order, despite the fact that his
earlier transfer to Jorhat was stayed by an order of this Court. Being aggrieved
by this omission and the circumstances, the present writ petition has been filed.
Considering the submissions made, let notice be issued returnable in four
weeks.
Mr. B. Gogoi, learned Additional Advocate General, having appeared for all
the respondents, notices are waived. Extra copies will be furnished within one
week from today.
Notice on the interim prayer is fixed for hearing on 27.08.2025.
The respondents are directed to complete their instructions and file the
necessary affidavits in the meantime.
JUDGE
Comparing Assistant
