WP(C)/4038/2026 of SRI BIDYUT HAZARIKA Vs THE STATE OF ASSAM AND 4 ORS on 24 August 2026

ORDER

Date : 25.08.2026

Heard Mr. A. Chamuah, learned counsel for the petitioner and Mr. J. K. Goswami, learned State Counsel for the respondents. [2.] Having regard to the nature of grievance projected by the petitioner, the matter is taken up for disposal at this stage. [3.] The case of the petitioner is that he is working as a Senior Assistant in the Office of the District Commissioner, Golaghat and by Order dated 08.07.2026 he was transferred and posted to the Office of Co-District Commissioner, Bokakhat. It was provided in the Transfer Order that the transfer was made in the interest of public service and for smooth functioning of the office works and the order will come into force with immediate effect. In terms of the Transfer Order, the petitioner proceeded and joined the Office of the Co-District Commissioner, Bokakhat on 09.07.2026 at 10:00 AM and submitted his joining report. However, to his surprise, his Transfer Order was modified and he was now instead transferred and posted to the Office of the Circle Officer, Morongi Revenue Circle by an Order dated 09.07.2026 with immediate effect. According to the petitioner, the Order was in partial modification of the earlier Transfer Order dated 08.07.2026 and was issued on 09.07.2026 at 06:22 PM by the Additional District Commissioner, Golaghat. Aggrieved with the same, he has approached this Court through the instant writ petition. [4.] Mr. A. Chamuah, learned counsel for the petitioner submits that the petitioner has been frequently transferred from one place to another and between 21.06.2017 till his transfer on 09.07.2026, the petitioner was transferred for nine (9) times. In this regard, he has drawn the attention of this Court to Paragraph No. 16 of the writ petition, wherein, a chart has been prepared to indicate the manner in which he has been transferred. The learned counsel submits that it is therefore clearly discernable that the petitioner has been frequently transferred from time to time after being posted in a particular place for a short duration. [5.] The learned counsel, further, submits that apart from this the petitioner has suffered an injury in his spine and he has been advised by the doctor to take rest for three (3) months and to undergo treatment. He is also facing great inconvenience in his home front due to his frequent transfer. He submits that the petitioner was on leave for some time and that when he tried to join the Office in Bokakhat on 12.08.2026 after his leave period expired, he was not allowed to do so. He, therefore, submits that this may lead to break in his service and, therefore, the petitioner may be allowed to join back his post in Bokakhat. [6.] The learned counsel submits that the respondent authorities may be directed to re-consider his posting Order dated 09.07.2026 in the light of the difficulties expressed by the petitioner and in view of the pending representation, which was submitted by him on 13.07.2026 and received by the Office on 14.07.2026.

[7.] Per contra, Mr. J. K. Goswami, learned State Counsel, submits that this is not a case of the frequent transfer as projected by the petitioner and in fact the petitioner has been posted in Bokakhat for about nine (9) years, since the year 2008 up to the year 2017. Thereafter, he was posted in the said place for about five (5) years between 2019 and 2025. He submits that since the petitioner is working in a transferrable post, he can be transferred in the exigency of service and in public interest. [8.] The learned State Counsel, further, submits that the impugned Transfer Order dated 09.07.2026 has only been issued in partial modification of the earlier Office Order after the same was considered at the administrative level, in view of the prevailing administrative requirements and the requirement of manpower at the concerned Office. He, however, submits that in view of the pending representation, Court may direct the same to be considered. [9.] In view of above, considering the submissions made by the learned counsels for the rival parties, instead of keeping the matter pending before this Court, the writ petition is disposed of by directing the respondent authority concerned i.e. the District Commissioner, Golaghat (respondent No. 2) to consider the representation of the petitioner dated 13.07.2026 received on 14.07.2026 and to dispose of the same with a reasoned and speaking order within a period of seven (7) days from the date of receipt of a certified copy of this order. The petitioner shall submit a certified copy of this Order to the respondent No. 2 within three (3) days from today. [10.] While considering the representation, the respondent No. 2 shall also take into account the fact that this Court on 10.08.2026 had directed that pending consideration of the writ petition, the respondent authorities should not take any coercive steps against the petitioner and also the submission made on behalf of the petitioner that although the petitioner went to join the Office at Bokakhat on 12.08.2026, he was not allowed to do so. [11.] The order to be passed by the respondent No. 2 shall be duly communicated to the petitioner and untill such time consideration is made by the respondent No. 2 by passing a reasoned and speaking order, no coercive steps be taken against the petitioner.

JUDGE Comparing Assistant