Kamaleswar Daimary Vs the State of Assam and 3 Ors. — Gauhati HC (2026) — LawSathi Research

Kamaleswar Daimary Vs the State of Assam and 3 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 12-01-2024, insofar as it concerns the petitioner, set aside; petitioner permitted to continue at Dispur Government Higher Secondary School; respondents not restrained from instituting disciplinary proceedings if materials justifying commission of any misconduct are available with the disciplinary authority. Writ petition stands disposed of.

Issue for consideration

Whether the order of deployment dated 12-01-2024 transferring the petitioner from Dispur Government Higher Secondary School to Bathoupuri Bodo Higher Secondary School is punitive in nature and therefore mandates interference by this Court.

Court's answer

The trigger for issuance of the order dated 12-01-2024 was the decision taken by the departmental authorities to require the petitioner to explain why disciplinary proceeding should not be instituted for approaching the Highest Executive of the State directly.

Ratio / Principle

The impugned order dated 12-01-2024, insofar as the petitioner is concerned, is clearly punitive in nature.

Key takeaways

Where an order of transfer is found to be punitive in nature, this Court would have the power to set aside and quash the same.ratio¶¶40
The deployment of the petitioner vide order dated 12-01-2024 gave him no permanency at Bathoupuri Bodo Higher Secondary School: no post was created for the purpose and he was to continue drawing pay and allowances from Dispur Government Higher Secondary School.ratio¶¶40
Setting aside the order dated 12-01-2024 does not restrain the respondents from instituting disciplinary proceedings against the petitioner if materials justifying misconduct are available with the disciplinary authority.

Detailed headnote1 paragraphs

Transfer - punitive transfer - Gauhati High Court, WP(C)/355/2024, order dated 17-02-2026 of N. Unni Krishnan Nair J.: The petitioner, a Subject Teacher in Education at Dispur Government Higher Secondary School, whose grievance over a junior (Dayananda Bhuyan) being allowed to hold charge of the post of Principal led him to approach the Highest Executive of the State directly, was served a show-cause communication dated 08-01-2024 seeking explanation why disciplinary action should not be initiated, and days thereafter was deployed by order dated 12-01-2024 to the newly upgraded Bathoupuri Bodo Higher Secondary School, Kamrup (M), on a temporary basis with no post created and pay continuing from Dispur Government Higher Secondary School. Finding that the trigger for the deployment order was the departmental decision to initiate disciplinary steps, the Court held the impugned order clearly punitive in nature, observed that where a transfer is punitive the Court has power to set aside and quash it, set aside the order dated 12-01-2024 so far as the petitioner is concerned, permitted him to continue at Dispur Government Higher Secondary School, while leaving the respondents free to institute disciplinary proceedings if materials justify misconduct; writ petition disposed of accordingly.

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GAHC010014132024

2026:GAU-AS:2521

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

Case No. : WP(C)/355/2024

KAMALESWAR DAIMARY S/O- MARGA DAIMARY, R/O- RANGIDARA, P.O.- BETBARI, P.S.- SIMLA, PIN- 781327, DIST.- BAKSA, BTR, ASSAM.

VERSUS

THE STATE OF ASSAM AND 3 ORS REPRESENTED HEREIN BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GAUHATI-6.

2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI ASSAM- 781006.

3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GAUHATI-19

4:THE INSPECTOR OF SCHOOLS KAMRUP (M) DISTRICT CIRCLE PANBAZAR GUWAHATI-01

Advocate for the Petitioner : MR S BORTHAKUR, MR H P NEPAL

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Advocate for the Respondent : SC, SEC. EDU.,

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 17-02-2026

Heard Mr. A. Borthakur, learned counsel for the petitioner. Also heard Mr. U. Sarma,

learned standing counsel, Secondary Education, Assam.

The petitioner by way of instituting the present proceeding has presented a challenge to an order of deployment dated 12-01-2024, deploying him to Bathoupuri

Bodo Higher Secondary School in the district of Kamrup (M), on the ground that it is punitive in nature.

The petitioner, herein, was working as a Subject Teacher in Education at Dispur Government Higher Secondary School. The post of Principal of the said School falling vacant, the petitioner had staked a claim for being allowed to hold the charge of the post of Principal of the School. Such application was made before the Director of Secondary Education, Assam, however, one Dayananda Bhuyan, a teacher of the same school was permitted to hold the charge of the post of Principal of the Dispur Government Higher Secondary School.

Being aggrieved by the action on the part of the respondent authorities, in allowing a junior to hold the charge of the post of Principal of the School, the petitioner on 19-122023 submitted an application before the Highest Executive of the State and therein by setting out his grievance had requested for taking necessary steps for permitting holding

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of the charge of the post of Principal by the senior-most teacher of the School.

The representation submitted by the petitioner came to be forwarded to the Director of Secondary Education for necessary action and the same, led to the issuance of a communication dated 08-01-2024 to the petitioner, herein, requiring him to explain as to why a disciplinary action should not be initiated against him for having directly approached the Highest Executive of the State bypassing his immediate superiors. Thereafter the impugned order dated 12-01-2024 came to be issued.

Being aggrieved the petitioner has instituted the present proceeding.

Mr. S. Borthakur, learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submitted that it is only on account of the fact that the petitioner had submitted a representation before the Highest Executive of the State, that the respondent authorities had taken the decision to transfer the petitioner vide issuance of the order dated 12-01-2024. He submits that the said order dated 12-01-2024, in addition to being punitive in nature has also been issued to obliterate any challenge being presented by the petitioner to the order issued towards allowing his junior Dayananda Bhuyan to hold the charge of the post of Principal of the said School. Accordingly, Mr. Borthakur submits that the impugned order insofar as it concerns the petitioner would mandate an interference from this Court.

Mr. U. Sarma, learned standing counsel, Secondary Education, Assam appearing for the respondents has furnished a copy of the instruction received by him in the matter from the Director, Secondary Education, Assam, and has submitted that the transfer of

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the petitioner was on account of an exigency of service arising, requiring posting of teachers in Bathoupuri Bodo Higher Secondary School after the same was upgraded to the Higher Secondary School level. He submits that the posting of the petitioner was done on temporary basis and the petitioner would be reverted back to his original post in Dispur Government Higher Secondary School, on posts being created and filled up at Bathoupuri Bodo Higher Secondary School. Mr. Sarma submits that the transfer of the petitioner has got no relation to the communications issued to him, requiring him to explain as to why, he had approached the Highest Executive of the State, bypassing his immediate superiors.

Mr. Sarma submits that the petitioner by approaching the Highest Executive of the State directly bypassing his immediate superiors, had violated the instruction issued in this connection by the Department and for which he is liable to be proceeded against by institution of departmental proceedings. He reiterates that it is only in the interest of public service that the petitioner, herein, was posted at Bathoupuri Bodo Higher Secondary School. Accordingly, he submits that the impugned order dated 12-01-2024, insofar as it concerns the petitioner, herein, would not mandate any interference.

I have heard the learned counsel for the parties and have also perused the materials available on record.

The instruction furnished by Mr. Sarma reveals that in the month of October, 2023, the Government had approved a proposal for deployment of teachers from Government

and Provincialized Schools to the newly upgraded Bathoupuri Bodo Higher Secondary School in Kamrup (M) district. The said communication also refers to the approval granted

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by the Departmental Minister to the list of teachers of Dispur Government Higher Secondary School who were shortlisted for deployment to Bathoupuri Bodo Higher Secondary School. The said communication, as noticed hereinabove, was issued on 1610-2023. Thereafter, it is seen that there was no move initiated for posting the petitioner, herein, to the newly upgraded Bathoupuri Bodo Higher Secondary School. It is only after the petitioner had questioned the orders issued towards allowing his junior Dayananda Bhuyan to hold the charge of the post of Principal of the School, in question, and on not getting a response from the departmental authorities, approaching the Highest Executive of the State for redressal of his grievance, that the respondent authorities proceeded to issue the impugned communication dated 12-01-2024 posting the petitioner temporarily at Bathoupuri Bodo Higher Secondary School. It is to be noted that prior to issuance of the impugned order, the Director vide communication dated 08-01-2024 directed the petitioner to explain as to why disciplinary action as per the Rules in vogue ought not to be initiated against him, for commission of a misconduct, in approaching the Highest Executive of the State directly, by submitting representations praying for redressal of his grievances. On perusal of the communication issued in the matter, this Court finds that the trigger for issuance of the order dated 12-01-2024 is the decision taken by the departmental authorities to require the petitioner to explain as to why disciplinary proceeding against him should not be instituted for the misconduct committed by him in approaching the Highest Executive of the State directly. Accordingly, in the considered view of this Court, the impugned order dated 12-01-2024, insofar as, the petitioner is concerned is clearly punitive in nature. It is settled law that in the event an order of

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transfer is found to be punitive in nature, this Court would have the power to set aside and quash the same. This Court also notices that the deployment of the petitioner to Bathoupuri Bodo Higher Secondary School vide order dated 12-01-2024 did not give the petitioner a permanency in the said School, inasmuch as, it is evident that no post for the purpose was created in the said School and the petitioner was to continue to draw his pay and allowances from the Dispur Government Higher Secondary School.

Accordingly, the order dated 12-01-2024, insofar as, it concerns the petitioner, herein, stands set aside. The petitioner be now permitted to continue at Dispur Government Higher Secondary School. However, interference made by this Court with the order dated 12-01-2024, insofar as, it concerns the petitioner shall not restrain the respondents from instituting disciplinary proceeding against the petitioner in the event, materials justifying commission by him of any misconduct is available with the disciplinary authority.

With the above observations and direction, the present writ petition stands disposed of.

The instruction furnished by Mr. U. Sarma, learned standing counsel, Secondary Education, Assam is kept on record and marked as ‘X’.

JUDGE

Comparing Assistant