Partly allowed

Niren Chandra Nath v. the Assam Khadi and Vill. Industries Board and 2 Ors.

Gauhati HC13 Jun 2022WP(C)/442/2022

Case brief

AI extract

What is this about?

This writ petition challenged a transfer order due to alleged frequent transfers as the petitioner neared retirement. The Gauhati High Court held that since the petitioner was to retire soon, he should not be relocated and set aside the transfer order to allow him to make retirement arrangements.

What did the court decide?

The transfer order dated 28.12.2021 posted to Headquarter (VI Section) is set aside; the writ petition is allowed to the extent of the stay.

Niren Chandra Nath Vs the Assam Khadi and Vill… — Service and Employment | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010025902022

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/442/2022

¶5

NIREN CHANDRA NATH S/O. LT. HARENDRA MOHAN NATH DISTRICT OFFICER I/C ASSAM KHADI AND VILLAGE INDUSTRIES BOARD SIBSAGAR DIBRUGARH TINSUKIA AND CHARAIDEO STATIONED AT SIBSAGAR DIST. SIBSAGAR ASSAM.

¶6

VERSUS

¶7

THE ASSAM KHADI AND VILL. INDUSTRIES BOARD AND 2 ORS. REP. BY THE CHAIRPERSON ASSAM KHADI AND VILL. INDUSTRIES BOARD CHANDMARI GUWAHATI-03. 2:THE CHIEF EXECUTIVE OFFICER ASSAM KHADI AND VILL. INDUSTRIES BOARD CHANDMARI GUWAHATI-03. 3:STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPTT. DISPUR GUWAHATI-06. ------------

¶8

Page No.# 2/3

¶9

Advocate for : MD. A J ATIA Advocate for : SC

¶10

ASSAM KHADI AND VILLAGE INDUSTRIES BOARD appearing for THE ASSAM KHADI AND VILL. INDUSTRIES BOARD AND 2 ORS.

¶11

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

¶12

O R D E R

¶13

13.06.2022

¶14

Heard Ms. AH Atia, learned counsel for the petitioner, Mr. PK Munir, learned counsel for the respondents in the Assam Khadi and Village Industries Department and Mr. R Dhar, learned counsel for the respondent authorities in the Assam Handloom Textile and Sericulture Department.

¶15

The petitioner, who is the in-charge District Officer posted at Dibrugarh/Tinsukia/Sivasagar, is transferred by the impugned order dated 28.12.2021 of the Chief Executive Officer, Assam Khadi and Village Industries Board and posted at headquarter (VI Section). Prior to it, he was transferred from his posting as In-charge District Officer from Jorhat/Sivasagar as per the order dated 15.06.2020. The petitioner alleged frequent transfer and accordingly instituted this writ petition against the order dated 28.12.2021.

¶16

By the interim order dated 28.01.2022, the order of transfer was stayed by accepting the prima facie case made out that it was a case of frequent transfer and therefore, there is a violation of the guidelines in place.

¶17

We have been told that the petitioner would retire from service on 30.11.2022 and it is hardly six more months for him to retire.

¶18

In view of the fact that the petitioner would retire on 30.11.2022, we are of the view that the interest of justice requires that the petitioner should remain

¶19

Page No.# 3/3

¶20

in the same place of posting so that he can make arrangements for his retired life instead of being required to move to another place of posting.

¶21

Accordingly, the order dated 28.12.2021 transferring the petitioner to Headquarter (VI Section) is set aside.

¶22

The writ petition is allowed to the extent as indicated above.

¶23

JUDGE

¶24

Comparing Assistant

Niren Chandra Nath v. the Assam Khadi and Vill. Industries Board and 2 Ors.

Case brief

What is this about?

What did the court decide?

Niren Chandra Nath v. the Assam Khadi and Vill. Industries Board and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Renumai Hazarika Vs the State of Assam and 5 Ors.

Anushri Roy Vs the State of Assam and 6 Ors.

Shaydur Islam Vs the State Level Committee and 5 Ors.

Sangita Sahu Vs the State of Assam and 5 Ors.

Rina Sonowal Vs the State of Assam and 7 Ors.

Dipankar Borah Vs the State of Assam and 4 Ors.