It is declared with regard to the assessment of punitive transfer order on the petitioner. The case is closed by recalling the interim order.
Transfer order dated 11.04.2014 declared to have spent its force; interim order recalled and case closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010009002014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2243/2014
1:HIRANYA KUMAR NATH
S/O LT. KANTA RAM NATH, R/O PACHIMCHUBA, P.O. and P.S. SIPAJHAR, DIST- DARRANG, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER TO THE GOVT. OF ASSAM, HALTH AND F.W. DEPARTMENT, DISPUR, GHY-6
2:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI ASSAM
3:THE DY. COMMISSIONER DARRANG MANGALDOI ASSAM
4:THE JT. DIRECTOR OF HEALTH SERVICES DARRANG MANGALDOI ASSAM
5:THE DY. SUPERINTENDENT OF SIPAJHAR COMMULATIVE HEALTH CENTRE/FIRST REFERAL UNIT SIPAJHAR MANGALDOI DARRANG ASSAM
6:THE SENIOR MEDICAL and HEALTH OFFICER SIPAJHAR PRIMARY HEALTH CENTRE PHC
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SIPAJHAR MANGALDOI DARRANG ASSA
Advocate for the Petitioner : MR.D K DAS
Advocate for the Respondent : MR.D SAIKIA
BEFORE
HON’BLE MR. JUSTICE HRISHIKESH ROY
04.04.2018
Heard Ms. P. Bhuyan, the learned counsel appearing for the petitioner, who served as Pharmacist in the Sipajhar Public Health Centre (PHC). The challenge here is to the transfer order dated 11.04.2014 (Annexure-4), whereby, the Pharmacist was transferred to the Kurua State Dispensary.
Considering the transfer order to have been punitive, this Court had stayed the transfer order on 30.04.2014 and accordingly the petitioner continues to serve as the Pharmacist in the Sipajhar PHC.
In the above context, Mr. B. Gogoi, the learned standing counsel for the Health Department submits that the transfer order passed on 11.04.2014 has now spent its force and therefore the Joint Director of Health Service, Mangaldoi, may not wish to enforce the transfer order, on account of the continuing interim order in this case.
In view of the above submission of Mr. Gogoi, it is declared that the transfer order dated 11.04.2014 (Annexure-4) has spent its force. The case is closed by recall of the interim order dated 30.04.2014. It is ordered accordingly.
Sd/-
JUDGE
Comparing Assistant
Hiranya Kumar Nath
The State of Assam
Hrishikesh Roy
As recorded by the court registry
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