Disposed

Dinesh Barman v. the State of Assam and 10 Ors.

Gauhati HC4 Mar 2021WP(C)/1347/2021

Case brief

AI extract

What is this about?

The petitioner challenged a transfer order from one Gaon Panchayat to another as not being in public interest and violating an Office Memorandum. The Court directed the respondent to examine the petitioner's grievances within one week and maintain status quo.

What did the court decide?

The respondent No. 1 to examine grievances within one week; status quo maintained during the period.

Dinesh Barman Vs the State of Assam and 10 Ors. — Service and Employment | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010037572021

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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)/1347/2021

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DINESH BARMAN

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S/O- LT. UPENDRA BARMAN, PERMANENT R/O- VILL- KAZIPARA (BALIKARIA), P.O. KAZIPARA, P.S. NALBARI, DIST.- NALBARI, PIN- 781341, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 10 ORS

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REP. BY THE COMM., PANCHAYAT AND RURAL DEVELOPMENT, GOVT. OF ASSAM, GHY-37

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2:THE JOINT DIRECTOR OFFICE OF THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT GOVT. OF ASSAM GHY-37

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3:THE CHIEF EXECUTIVE OFFICER NALBARI ZILLA PARISHAD DIST.- NALBARI ASSAM PIN- 781335

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4:THE BLOCK DEVELOPMENT OFFICER PASCHIM NALBARI DEVELOPMENT BLOCK P.O. CHAMATA DIST.- NALBARI PIN- 781303 ASSAM

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5:PRESIDENT

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25 NO. RUPAHIHAT GAON PANCHAYAT (G.P.) UNDER PASCHIM NALBARI DEVELOPMENT BLOCK P.O. CHAMATA

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Page No.# 2/3

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DIST.- NALBARI PIN- 781303 ASSAM 6:THE CHIEF EXECUTIVE OFFICER KAMRUP (R) ZILLA PARISHAD DIST.- KAMRUP (R) ASSAM PIN- 781001 7:THE BLOCK DEVELOPMENT OFFICER GOROIMARI DEVELOPMENT BLOCK DIST.- KAMRUP (R) PIN- 781137 ASSAM 8:PRESIDENT 1NO. JORSIMOLU GAON PANCHAYAT (G.P.) UNDER GOROIMARI DEVELOPMENT BLOCK DIST.- KAMRUP (R) PIN- 781137 ASSAM 9:THE DY. COMMISSIONER NALBARI DISTRICT NALBARI ASSAM PIN- 781335 10:THE DY. COMMISSIONER KAMRUP (R) DISTRICT ASSAM PIN- 781031 11:AMAR JYOTI HAZARIKA S/O- PRAFULLA HAZARIKA OFFICE ADDRESS- 1 NO. JORSIMOLU GAON PANCHAYAT (G.P.) UNDER GOROIMARI DEVELOPMENT BLOCK DIST.- KAMRUP (R) ASSAM PIN- 781137 RESIDENTIAL ADDRESS- VILL- PANIGAON P.O. PANIGAON PS. BELSOR DIST.- NALBARI ASSAM PIN- 78130

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Advocate for the Petitioner : MR. S SARMA

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Advocate for the Respondent : GA, ASSAM

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Page No.# 3/3

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 04.03.2021

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Heard Mr. S. Sarma, learned counsel for the petitioner, who submits that the petitioner had been transferred from 25 No. Rupiabathan Gaon Panchayat under Paschim Nalbari Development Block to 1 No. Jorsimoolu Gaon Panchayat under Goroimari Development Block, district Kamrup (Rural), vide office order dated 09.02.2021. He submits that the said transfer order has not been done in public interest and that the same is in violation of the Office Memorandum dated 06.08.2013 issued by the Principal Secretary to the Government of Assam, Personnel (B) Department, Dispur. The petitioner’s counsel also submits that the petitioner is still holding the post of Gaon Panchayat Secretary under 25 No Rupiabathan Gaon Panchayat till date.

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Mr. M. Nath, learned counsel appears for the respondent Nos. 1, 2, 3, 4, 6 and 7 and Mr. D. Nath, learned counsel appears for the respondent Nos. 9 and 10.

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On perusal of the writ petition, this Court is of the view that the writ petition can be disposed of at the motion stage itself by directing the respondent No. 1 to examine the grievances of the petitioner. Accordingly, the petitioner is directed to submit a fresh representation to the respondent No. 1 against the impugned transfer order dated 09.02.2021 by stating his grievances within a period of (1) one week from today. The respondent No. 1 shall, thereafter, examine the petitioner’s representation and take a decision on the same at the earliest.

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Till a decision is taken by the respondent No. 1, status-quo as on today shall be maintained by the parties.

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This writ petition is accordingly disposed of.

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Comparing Assistant

Dinesh Barman v. the State of Assam and 10 Ors.

Case brief

What is this about?

What did the court decide?

Dinesh Barman v. the State of Assam and 10 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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