Petitioner challenged a transfer order invoking Election Commission guidelines. Court observed petitioners joined new post and directed respondents to consider pending representation within two weeks before disposing the writ petition.
Direction to respondents to dispose of the petitioner's representation within two weeks of receipt.
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GAHC010030462021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1077/2021
DILIP KUMAR BARUAH
S/O LATE BHARAT CHANDRA BARUAH, R/O MORIGAON DIVISION IRRIGATION COLONY, MORIGAON.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., DISPUR, GUWAHATI 781006
2:THE CHIEF ELECTION OFFICER
ELECTION DEPTT. DISPUR GUWAHATI 781006
3:THE DEPUTY SECY. (E) TO THE GOVT. OF ASSAM
IRRIGATION DEPTT. DISPUR GUWAHATI 781006
4:THE DEPUTY COMMISSIONER AND DIST. ELECTION OFFICER
MORIGAON ASSAM.
5:NILOTPAL BHUYAN
ASSTT. EXECUTIVE ENGINEER MORIGAON DIVISION (IRRIGATION) MORIGAON
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Advocate for the Petitioner : MR. S BANIK
Advocate for the Respondent : SC, IRRIGATION
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 08-03-2021
Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. N. Upadyah, learned counsel for the respondent Nos. 1 & 3, Mr. D. Baruah, learned counsel for the respondent No. 2 and Mr. N. Goswami, learned counsel for the respondent No. 4.
The grievance of the petitioner is that though he was detailed to perform the duty of a Zonal Officer in respect of Jagiroad Zone-I in relation to the ensuing Assembly Elections to be held in 2021, the petitioner was transferred vide the impugned Notification dated 29.01.2021 to the post of E.E. Sibasagar Division (Irrigation) and the respondent No. 5 was in turn, transferred from the post of E.E. Sibasagar Division (Irrigation) to the petitioner’s post, which was E.E. Morigaon Division (Irrigation). Further, he was transferred within a period of 2 (two) years from his date of joining the post of E.E. Morigaon Division (Irrigation).
The further case of the petitioner is that the Commissioner & Secretary to the Government of Assam, Irrigation Department has written a Letter dated 10.02.2021 to the respondent No. 2, stating that the transfer/posting of Engineers of the Irrigation Department from the rank of Junior Engineer to Executive Engineer of all wings were put on hold as per para 7 (iv) of the Guidelines of Election Commission of India dated 16.01.2019.
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The petitioner’s counsel submits that even though the Commissioner & Secretary to the Government of Assam, Irrigation Department has written the above Letter dated 10.02.2021, the petitioner had however been transferred to the post of E.E. Sibasagar Division (Irrigation). The petitioner’s counsel further submits that the petitioner has joined his place of posting as E.E. Sibasagar Division (Irrigation) and that the representation submitted by him has not been considered by the authorities till date.
Mr. D. Baruah, learned counsel appearing for the Election Commission of India submits that the transfer of the petitioner has not been done at the instance of the Election Commission of India.
Mr. N. Upadyah, learned counsel for the respondent Nos. 1 & 3 submits that he has not received any instructions as on date.
I have heard the learned counsels for the parties.
On perusing the impugned Notification dated 29.01.2021, the same does not show that the transfer of the petitioner has been made on the basis of the Guidelines made by the Election Commission of India or as per their direction. As the petitioner has already joined the post of E.E. Sibasagar Division and has submitted a representation to the respondent No. 1, this Court is inclined to dispose of the present writ petition at the motion stage itself, by giving a direction to the respondents to dispose of the petitioner’s representation. However, the petitioner’s representation is not on record.
In view of the above, the petitioner is given liberty to submit a fresh representation to the respondent No. 1, with regard to his grievance in relation to the Notification dated 29.01.2021, by which he has been transferred.
In the event the representation is submitted by the petitioner, the same shall be
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examined and a decision made on the same by the respondent No. 1, within a period of 2
(two) weeks from the date of receipt of the representation.
This writ petition is disposed off accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to interfere with the transfer of the petitioner to a different post during the tenure of Election Commission guidelines.
Dilip Kumar Baruah
The State of Assam
The Chief Election Officer
The Deputy Secy. (E)
The Deputy Commissioner
Nilotpala Bhuyan
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
