Ashutosh Gupta vs State Of Assam And 5 Ors

Heard Mr. N. Dhar, learned counsel for the petitioner and Mr. M. Nath, learned counsel appearing for the P&RD Department.

The petitioner, who is serving as the Gaon Panchayat Secretary of Bhajantipur Gaon Panchayat under the Silchar Development Block of Cachar district had been transferred and posted at Bhagan Gaon Panchayat, Karimganj district by the order dated 25.11.2019 of the Commissioner, Panchayat and Rural Development Department. The petitioner states that on an earlier occasion when the petitioner was transferred, he made a representation dated 12.09.2016 before the Chief Executive Officer of Cachar Zila Parishad stating that he is suffering from high diabetics with other related problems like high blood pressure, back pain and cholesterol etc since last few years and because of his illness, he is required to have constant medical treatment in the Silchar Medical College and Hospital.

On 14.02.2019, the petitioner made another representation to the Commissioner, Panchayat and Rural Development Department, Assam stating as follows:-

"That Sir, I have been suffering from high diabetics & treated with two types of insulin therapy viz Novo Rapid & Basalog along with Volibo M 0.2, Cardace 5, Rosalet 10 & Nabicat 2.5 etc. Recently cardiologist doctor PC Sharma has suggested me to implant Pace Maker as early as possible to minimize risk of life with anticipated cardiac attack. Due to financial hardship, till I have been waiting for the suggested implantation of pace maker. I have ben also suffering from spondalytis & night blindness with Retinitis Pigmentosa etc."

In the circumstance, the petitioner raises an issue that if he is required to comply with the order of transfer dated 25.11.2019, he would have to be stationed at Bhagan Gaon Panchayat, which is a remote area in the Karimganj district and therefore, his requirement of constant medical treatment from the Silchar Medical College and Hospital would be adversely affected. As a consequence of the order of transfer dated 25.11.2019, another order dated 26.11.2019 was issued by the Chief Executive Officer, Cachar Zila Parishad providing that the petitioner has been released from Bhajantipur Gaon Panchayat to enable him to join at Bhagan Gaon Panchayat in the Karimganj district. In his order, it is further provided that Sri Debashish Roy, Secretary, Meherpur Gaon Panchayat under Silchar Anchalik Parishad and Development Block is to hold the additional charge of Secretary, Bhajantipur Gaon Panchayat in place of the petitioner.

In the circumstance, as the petitioner is raising an issue of having serious medical ailment, which requires constant medical treatment, we are inclined to accept the prayer of the petitioner that the Commissioner, Panchayat and Rural Development Department, Assam give a due consideration to the grievance of the petitioner that he requires the constant medical attention in view of his serious ailments as stated in his representation dated 14.02.2019 as extracted above. Upon consideration, if the Commissioner arrives at a conclusion that the petitioner is suffering from serious ailments and he requires constant medical treatment, the Commissioner shall re-visit the order of transfer dated 25.11.2019 and take an appropriate decision to either retain the petitioner in his present place of posting or if required and as agreed by the petitioner be transferred to any other Gaon Panchayat from where he can continue with his treatment in the Silchar Medical College and Hospital.

For the purpose, the petitioner shall file a fresh representation before the Commissioner, Panchayat and Rural Development Department, Assam within a period of seven days from today and upon the representation being filed, the Commissioner shall give a hearing to the petitioner either personally or through any other appropriate official of the Department at Silchar so as to arrive at a factual satisfaction regarding the stand of the petitioner about the serious ailments that he is suffering from.

The petitioner shall appear before the authority as and when required and produce all necessary medical documents to satisfy the concerned officials. After conducting such enquiry, an appropriate reasoned order as indicated above be passed. The requirement of passing the reasoned order be done within a period of one month from the date of submission of the representation by the petitioner.

Till the reasoned order is passed, the office order dated 26.11.2019 releasing the petitioner from Bhajantipur Gaon Panchayat is stayed, meaning thereby that the petitioner would continue at Bhajantipur Gaon Panchayat. We are passing this order taking into consideration that in Bhajantipur Gaon Panchayat, one Debashish Roy, who is a Secretary of another Gaon Panchayat has been asked to hold the additional charge and there is no regular posting in the said Gaon Panchayat.

The interim protection given to the petitioner shall no hold good if the representation is not submitted by the petitioner within the period of seven days from today.

The writ petition is allowed to the extent indicated above.