Dismissed

Latumoni Das and 8 Ors. v. the State of Assam and 3 Ors.

Gauhati HC14 Mar 2019WP(C)/1752/2019

Case brief

AI extract

What is this about?

Single judge dismissed the writ petition challenging the inter-district transfer of Excise Constables. While upholding the transfer power, the court closed the petition with liberty to approach authorities regarding grievances, joining time, and speaking orders.

What did the court decide?

Petition dismissed; liberty granted to approach authorities for grievances, joining time, and speaking orders.

Latumoni Das and 8 Ors. Vs the State of Assam and 3… — Service and Employment | Gauhati HC (2019)

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GAHC010055852019

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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) 1752/2019

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1:LATUMONI DAS AND 8 ORS. S/O- LATE ARABINDA DAS R/O- VILL.- RAJADUAR, NORTH GUWAHATI, P.O. AND P.S.- NORTH GUWAHATI, DIST.- KAMRUP (R), ASSAM, PIN- 781030

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2: DINKU MONI NATH S/O- NANDA RAM NATH R/O- CHANGSARI P.O.- CHANGSARI DIST.- KAMRUP (R) ASSAM PIN- 781101

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3: KUMUD KALITA S/O- LATE GOLAK KALITA R/O- VILL. AND P.O.- BALISATRA DIST.- KAMRUP (R) ASSAM PIN- 781023

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4: MANTU KUMAR MEDHI S/O- LATE DMAN CHANDRA MEDHI R/O- TRINAYAN NAGAR BELTOLA MAIDAMGAON (NEAR AG OFFICE) KAMRUP(M) GUWAHATI PIN- 781029

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5: SYED MOBARAK ISLAM

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S/O- RAHMAT ALI R/O- SILBHARAL P.O. AND P.S.- CHANGSARI DIST.- KAMRUP (R) PIN- 781101

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6: HARAKANTA BARMAN S/O- LATE KOAT BARMAN R/O- SINGIMARI P.O.- ROWMARI HAJO KAMRUP (R) PIN- 781104 7: BAPUKAN AHMED S/O- LATE NAZUMUDDIN AHMED R/O- VILL.- AGYATHURI KAMRUP (R) ASSAM PIN- 781101

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8: PHULESWAR KALITA S/O- BANESWAR KALITA R/O- VILL.- BANMAJA P.O.- PUB BURKA P.S. CHANGSARI DIST.- KAMRUP (R) ASSAM PIN- 781101

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9: TARINI KALITA S/O- HARMOHAN KALITA R/O- PURN BURKA P.S. RANGIA DIST.- KAMRUP (R) PIN- 78135

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VERSUS

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1:THE STATE OF ASSAM AND 3 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI- 781006.

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2:THE COMMISSIONER OF EXCISE

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ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI- 781006

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3:THE ADDITIONAL COMMISSIONER ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI- 781006

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4:THE SUPERINTENDENT OF EXCISE KAMRUP (M) GUWAHATI- 78100

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Advocate for the Petitioner : MR. R MAZUMDAR

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Advocate for the Respondent : SC, EXCISE DEPTT.

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BEFORE

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HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 14-03-2019

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Heard Mr. R. Mazumdar, learned counsel for the petitioners. Also heard Mr. D. Nath, learned Additional Senior Government Advocate for the State respondents as well as Mr. P.N. Goswami, learned Standing Counsel for the Excise Department.

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In this petition, the petitioners have challenged the transfer orders dated 06.03.2019 by which the petitioners have been transferred from one district to another district in various locations.

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The grievance is that first of all as Excise Constable, they could not have been transferred outside a district and it could be only intra district. That apart, it has been submitted that this mass transfer has created serious problems for the petitioners, as some of them are suffering from various kinds of illness and accordingly, have sought for interference by this Court.

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On the other hand, it has been submitted by the Mr. P.N. Goswami, learned Standing Counsel, Excise Department that the aforesaid excise was undertaken considering certain tragic incident which occurred in Golaghat District and to reshuffle the entire administration and as such posting of the Excise Constable to others was purely in public interest. It has been submitted that, however, if the petitioners have submitted their representations raising specific grievances the authority will look into the same.

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In that view of the matter, the present petition is closed with liberty to the petitioners approach the authorities immediately, so that their grievances can be addressed.

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It has been submitted by the respondents that under Rule 372 of the Assam Excise Rules, 2016, the Commissioner is empowered to transfer throughout the State and inter district, and as such the aforesaid transfer did not suffer from any illegality.

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Be that as it may, since the petitioners will be approaching the authorities, the authorities will sympathetically look into the grievances of the individual petitioners. The petitioners may also apply to the authorities for granting reasonable joining time while submitting representations which would be sympathetically considered by the authorities by issuing speaking orders in this regard.

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JUDGE

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Comparing Assistant

Latumoni Das and 8 Ors. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Latumoni Das and 8 Ors. v. the State of Assam and 3 Ors.

Case brief

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