Allowed

Heusimle Jeme v. North Cachar Hills Autonomous Council and 2 Ors.

Gauhati HC1 Sept 2022WP(C)/1724/2021

Case brief

AI extract

What is this about?

Petitioner challenged a transfer order from Mahur Circle to Hajadisa Circle alleging it was issued at the behest of the PA to CEM. Court allowed the petition, quashed the transfer order, and granted liberty to transfer petitioner only if administrative exigencies so demanded.

What did the court decide?

Impugned order dated 09.02.2021 set aside and quashed with liberty to transfer petitioner only if administrative exigencies of public service so demand.

Heusimle Jeme Vs North Cachar Hills Autonomous… — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010046092021

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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)/1724/2021

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HEUSIMLE JEME

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W/O. SHRI SANGZEULUNGBE JEME, VILL. N. LONGKHAI, P.O. AND P.S. MAHUR, DIST. DIMA HASAO, ASSAM, PIN-788830.

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VERSUS

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NORTH CACHAR HILLS AUTONOMOUS COUNCIL AND 2 ORS REP. BY THE PRINCIPAL SECRETARY (N), HAFLONG, DIST. DIMA HASAO, ASSAM-788819.

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2:THE DISTRICT PRIMARY EDUCATION OFFICER

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NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DIST. DIMA HASAO ASSAM-788819.

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3:THE PERSONAL ASSTT. TO THE CHIEF EXECUTIVE MEMBER NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DIST. DIMA HASAO ASSAM-788819

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Advocate for the Petitioner : MR B D DAS

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Advocate for the Respondent : SC, NCHAC

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 01.09.2022

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Heard Mr. D. Thoasen, learned counsel for the petitioner. Also heard Mr. R. M. Das, learned standing counsel, North Cachar Hills Autonomous Council, representing all the respondents.

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This writ petition is directed against the order of transfer, dated 09.02.2021, issued by the District Primary Education Officer, North Cachar Hills Autonomous Council, Haflong, vide Memo. No. NCHAC/ Pry.Edn/Trans & Pst/14/Part 2019-20/48, whereby the petitioner who is working as a L.P. Teacher of N. Longkhai L. P. School under Mahur Circle, has been transferred and posted to Path-II L.P. School under Hajadisa Circle.

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The primary challenge made by the petitioner against the order of transfer, dated 09.02.2021, is that the said order of transfer has been issued by the respondent authorities not in any bona fide exercise of power but at the behest of PA to the CEM, North Cachar Hills Autonomous Council, Haflong.

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Though no counter affidavits have been filed by any of the respondents; Mr. Das, learned standing counsel, North Cachar Hills Autonomous Council, has clearly submitted that the petitioner shall not be transferred from Longkhai L. P. School under Mahur Circle as has been done by the respondent authorities vide impugned order, dated 09.02.2021, at the behest of the PA to the CEM, North Cachar Hills Autonomous Council, Haflong. Accordingly, Mr. Das, learned standing counsel, North Cachar Hills Autonomous Council, submits that the impugned order, dated 09.02.2021, may be set aside with a liberty granted to the respondent authorities to affect transfer of the petitioner in the interest of public service if the exigencies of public service so demands.

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Page No.# 3/3

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In view of the submissions as made above by Mr. Das, learned standing counsel, North Cachar Hills Autonomous Council; this writ petition stands allowed and the impugned order, dated 09.02.2021, accordingly, stands set aside and quashed with liberty granted to the respondent authorities to affect transfer of the petitioner only if the administrative exigencies so demands in the interest of public service.

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The writ petition stands disposed of, in terms above.

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JUDGE

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Comparing Assistant

Heusimle Jeme v. North Cachar Hills Autonomous Council and 2 Ors.

Case brief

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Heusimle Jeme v. North Cachar Hills Autonomous Council and 2 Ors.

Case brief

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