Dismissed

Ranjit Rajkhowa v. the State of Assam and 4 Ors.

Gauhati HC17 Jul 2018WP(C)/4603/2018

Case brief

AI extract

What is this about?

Petitioner challenged a transfer order alleged to violate the Assam Police Act, 2007. The High Court disposed of the writ petition pending the disposal of a representation filed by the petitioner before the respondent, directing suspension of the transfer order during pendency.

What did the court decide?

Writ petition dismissed with direction to respondent No.3 to consider and dispose of the pending representation via a speaking order; impugned transfer order suspended pending such disposal.

Ranjit Rajkhowa Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010151682018

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

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Case No. : WP(C) 4603/2018

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1:RANJIT RAJKHOWA INSPECTOR OF POLICE AND IN CHARGE OF BOKAJAN POLICE STATION, KARBI ANGLONG DIST, S/O- MINESWAR RAJKHOWA, VILL- KAMDEWAL, P.S- GOHPUR, DISTBISWANATH CHARIALI, PIN- 784169

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS REP. BY CHIEF SECRETARY, GOVT OF ASSAM, DISPUR, GUWAHATI

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2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM ULUBARI GUWAHATI

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3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI 4:THE ADDL DIRECTOR GENERAL OF POLICE(ADMN) ASSAM POLICE HQ ULUBARI GUWAHATI 5:THE SUPERINTENDENT OF POLICE KARBI ANGLONG DIPH

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Advocate for the Petitioner : MR. P D NAIR

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE L.S. JAMIR

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ORDER

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Date : 17-07-2018

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Heard Mr. S. Chetia, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Additional Senior Government Advocate appearing for all the respondents.

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The petitioner is challenging the order dated 05-07-2018 by which he has been transferred as O/C Tamulpur PS, Baksa DEF from O/C Bokajan PS of Karbi Anglong DEF. It is the case of the petitioner that he was posted as Officer-in-Charge of Bokajan PS by Notification dated 10-11-2017 and that he had joined on 15-11-2017. It is the further case of the petitioner that his transfer to Tamulpur PS, Baksa DEF by the order dated 05-07-2018 has been done within 7 (seven) months of his posting to Bokajan PS and the same is in violation of Section 12 (3) of the Assam Police Act, 2007.

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Being aggrieved with the transfer order dated 05-07-2018, the petitioner filed a representation before the Director General of Police, Assam/respondent No. 3 on 06-07-2018 requesting for review of the order dated 05-07-2018. However, such representation has also not been considered and therefore, the present writ petition.

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After hearing the learned counsel for the parties and on consideration of the fact that the representation of the petitioner dated 06-07-2018 is pending for disposal before the respondent No.3, this writ petition is disposed of with a direction to the respondent No. 3 to consider and dispose of the representation dated 06-07-2018 made by the petitioner by a speaking order from the date of receipt of a copy of the order of this Court by the respondent No. 3. The petitioner is also given liberty to furnish a certified true copy of this Court’s order to the respondent No.3.

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Till the representation of the petitioner is considered and disposed of by the respondent No.3, it is made clear that the order dated 05-07-2018 shall remain suspended insofar as, the petitioner is concerned.

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With the above observations and directions, this writ petition is disposed of.

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JUDGE

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Comparing Assistant

Ranjit Rajkhowa v. the State of Assam and 4 Ors.

Case brief

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Ranjit Rajkhowa v. the State of Assam and 4 Ors.

Case brief

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