Dismissed¶28

Joy Prakash Das v. the State of Assam and 5 Ors.

Gauhati HC4 Mar 2025WP(C)/763/2025

Case brief

AI extract

What is this about?

Transfer order 18-10-2024; medical officer transfer; Anaesthesiologist; Jahrobari MPHC; Rampur BPHC; Kamrup; SKB Civil Hospital Gohpur; Biswanath district; Article 226 Constitution of India; transferable job; no malafide intent; no violation of condition of service; representation 25-11-2024; speaking order 21-02-2025; Health and Family Welfare Department Assam; writ petition dismissed; Gauhati High Court; Suman Shyam, J.; WP(C)/763/2025.

What did the court decide?

No case for interference with the transfer order dated 18-10-2024 is made out. ¶27

Joy Prakash Das Vs the State of Assam and 5 Ors. — Writ and Judicial Review | Gauhati HC (2025)

Page No.# 1/3

GAHC010028532025

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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)/763/2025

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JOY PRAKASH DAS

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S/O- SRI DILIP KUMAR DAS, VILL.- KOKJAR, P.O. MIRZA, DIST. KAMRUP, ASSAM, PIN- 781125.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-06.

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2:THE JOINT DIRECTOR TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-06.

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3:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER RAMPUR BPHC RAMPUR P.O. RAMPUR DIST. KAMRUP ASSAM PIN- 781132.

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4:THE CHAIRMAN HOSPITAL MANAGEMENT COMMITTEE (H.M.C) JHAROBARI MPHC P.O. JHAROBARI DIST. KAMRUP ASSAM PIN- 781122.

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Page No.# 2/3

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5:THE PRESIDENT JHAROBARI ANCHALIK SARADHIYA SRI SRI DURGA PUJA SAMITI P.O. JHAROBARI DIST. KAMRUP ASSAM PIN- 781122. 6:THE PRESIDENT SANMILITA JHAROBARI ANCHALIK CLUB JHAROBARI MPHC P.O. JHAROBARI DIST. KAMRUP ASSAM PIN- 781122

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Advocate for the Petitioner : MR K BHUYAN, MR. M U E BHUYAN,R K TALUKDAR

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Advocate for the Respondent : SC, HEALTH,

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 05-03-2025

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Heard Mr. K. Bhuyan, learned counsel for the writ petitioner.

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Perused the averments made in the writ petition.

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By filing this writ petition, the petitioner has challenged the transfer order dated 18-10-2024 by means of which, the writ petitioner, who was working at the Jahrobari MPHC under Rampur BPHC, Kamrup has been transferred and posted as Medical & Health Officer-I (Anaesthesiologist), SKB Civil Hospital, Gohpur, under Biswanath district, with immediate effect.

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According to the petitioner, the impugned order of transfer had not been issued in public interest. The writ petitioner had submitted a representation dated 25-11-2024 requesting the authorities to recall the impugned transfer order.

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Page No.# 3/3

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The said representation, submitted by the petitioner, has been disposed of by a speaking order dated 21-02-2025, a copy whereof has been produced by Mr. D.P. Bora, learned standing counsel, H&FW Department, Assam for perusal by this Court.

¶27

After hearing the learned counsel for both the sides and after going through the speaking order dated 21-02-2025, this Court is of the opinion that no case for interference with the transfer order dated 18-10-2024 is made out. The writ petitioner has joined in a transferable job and therefore, would be required to render his service in different stations. Since there is no allegation of violation of any condition of service of the petitioner pursuant to the transfer order dated 18-10-2024 and also considering the fact that nothing has been shown to indicate that the impugned transfer order has been issued with malafide intent, this Court is of the opinion that there is no scope for this Court to interfere in the matter in exercise of jurisdiction under Article 226 of the Constitution of India.

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The writ petitioner is, therefore, dismissed.

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JUDGE

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¶31

Comparing Assistant

Joy Prakash Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Joy Prakash Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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