GUWAHATI, India, Feb. 10 -- Gauhati High Court issued the following order on Jan. 9:
1] Heard Mr. S. P. Choudhury, learned counsel appearing for the writ petitioner. Also heard Mr. D.P. Borah, learned Standing Counsel, Health Department, appearing for the State respondents.
2] By way of this instant writ petition under Article 226 of the Constitution of India, the writ petitioner is assailing the impugned transfer order dated 07.09.2024, whereby the petitioner has been transferred from the post of Superintendent, S.K. Roy Civil Hospital, Hailakandi, to Majuli as District Leprosy Officer.
3] The brief facts of the case are that the petitioner, while he was discharging his duties as SDM & HO, Dholai BPHC, was transferred to S.K. Roy Civil Hospital, Hailakandi, to officiate as Superintendent vide order dated 13.03.2024 issued by the respondent No. 2. It is the specific case of the petitioner that since the health condition of the father of the petitioner, who was aged about 92 years at that relevant point of time, was very critical during that period of time, he had submitted a representation to reconsider his transfer order, but instead of considering his representation, the respondent No. 2 issued a show cause notice dated 08.07.2024.
4] Thereafter, the petitioner was promoted to officiate to the post of Superintendent vide order dated 06.05.2024 and was once again directed to join at his transferred place of posting, i.e., Superintendent, S.K. Roy Civil Hospital, Hailakandi. Pursuant to the issuance of the said order, the respondent authorities, by modifying the earlier transfer order dated 13.03.2024 transferred the petitioner to Majuli as District Leprosy Officer by order dated 07.09.2024. Aggrieved by the said transfer, the present writ petition has been filed.
5] Upon moving the present writ petition, this court on 23.09.2024, while issuing notice to the respondents, was pleased to direct status-quo as regards the posting of the petitioner at Dholai, from where he had not handed over the charge till then. During the pendency of the writ petition, an interlocutory application being I.A. (Civil) No. 706/2025, has been filed seeking direction to the respondents to comply with the interim order dated 23.09.2024 and allow the petitioner to continue discharging his duties at Dholai BPHC as SDM & HO. Apart from that, the petitioner filed another interlocutory application being I.A. (Civil) No. 3184/2025 stating that despite the status-quo order, he has not been allowed to discharge his duties at Dholai BPCH as SDM & HO, and his salary has also been withheld.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x5cuq1DzynHYxQCO7cxedo6JnPkWsFyoPVpdiWZcymNw&caseno=I.A.(Civil)/706/2025&cCode=1&cino=GAHC010039322025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
