Disposed

Hemanta Sarmah v. the State of Assam and 2 Ors.

Gauhati HC3 Jan 2020WP(C)/9489/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of this writ petition at the motion stage, directing the Deputy Commissioner, Sivasagar, to dispose of the petitioner's pending representation regarding medical transfer within 60 days with a reasoned order.

What did the court decide?

Order directed the Deputy Commissioner to dispose of the petitioner's representation of 20.11.2019 with a reasoned order within 60 days.

Hemanta Sarmah Vs the State of Assam and 2 Ors. — Service and Employment | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010313622019

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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) 9489/2019

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1:HEMANTA SARMAH S/O- LT. KHAGEN SARMA, R/O- HILOIDARI GAON,, P.O. AMGURI, P.S. AMGURI, DIST.- SIVASAGAR, ASSAM, PIN- 785680

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VERSUS

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1:THE STATE OF ASSAM AND 2 ORS

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REP. BY THE COMM. AND SECY., REVENUE DEPTT., DISPUR, GHY-06

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2:THE DY. COMMISSIONER SIVASAGAR P.O. AND P.S. SIVASAGAR DIST.- SIVASAGAR ASSAM PIN- 785640

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3:THE CIRCLE OFFICER SIVASAGAR REVENUE CIRCLE P.O. AND P.S. SIVASAGAR DIST.- SIVASAGAR ASSAM PIN- 78568

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Advocate for the Petitioner : MR. A R SHOME

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Advocate for the Respondent : SC, REVENUE

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 03-01-2020

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Heard Mr. A. R. Shome, learned counsel for the petitioner and Mr. J. Handique, learned Standing counsel, Revenue and Disaster Management for the respondent Nos. 1 and 3. Also heard Mr. S.S. Roy, learned Government Advocate, Assam for the respondent No. 2.

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Petitioner, Hemanta Sarmah is serving as Lot Mandal in the district of Sivasagar under the establishment of the Deputy Commissioner, Sivasagar. By an order dated 06.09.2019, he was transferred from Amguri Revenue Circle to Sivasagar Revenue Circle, pursuant to which, he joined his service at Sivasagar Revenue Circle on 31.10.2019.

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Since he is suffering from various medical ailments and as there is a vacant post of Lot Mandal in Amguri Revenue Circle, the petitioner on 20.11.2019 filed a representation before the Deputy Commissioner, Sivasagar stating his difficulties to perform his duty at Sivasagar and prayed before him for his transfer to Amguri Revenue Circle. Said representation of the petitioner is still pending for disposal.

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Being aggrieved with non disposal of his said representation dated 20.11.2019 (Annexure-8 to this writ petition), the petitioner has preferred this writ petition praying for necessary direction to the respondents, more particularly, the Deputy Commissioner, Sivasagar to consider his prayer as submitted in his said representation.

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The Hon’ble Apex Court in the case of S.C. Saxena Vs. Union of India reported in (2006) 9 SCC 583 have held as follows:-

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“ ………………. In the first place, a government servant cannot disobey a transfer order by not reporting at the place of posting and then go to a court to ventilate his grievances. It is his duty to first report for work where he is transferred and make a representation as to what may be his personal problems. This tendency of not reporting at the place of posting and indulging in litigation needs to be curbed. ……………………”

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Considering the entire aspects of the matter and after hearing the learned counsels for both the parties, this writ petition is disposed of at the motion stage itself directing the Deputy Commissioner, Sivasagar, respondent No. 2 to dispose of the representation of the

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petitioner dated 20.11.2019 with a reasoned order in accordance with law, within a period of 60 (sixty) days from the date of receipt of a certified copy of this order to be furnished by the petitioner.

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Petitioner shall submit a certified copy of this order before the Deputy Commissioner, Sivasagar, respondent No. 3 along with a copy of his representation dated 20.11.2019 and shall obtain necessary acknowledgment in that regard.

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The Deputy Commissioner, Sivasagar, respondent No. 2 shall intimate the petitioner about the outcome of his said representation dated 20.11.2019.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Hemanta Sarmah v. the State of Assam and 2 Ors.

Case brief

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Hemanta Sarmah v. the State of Assam and 2 Ors.

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