Chankan Malakar vs State Of Assam And 4 Ors

The Court proceedings have been conducted through online court proceeding services due to the prevailing Covid-19 pandemic situation in the

State.

Heard Mr. A. Dhar, learned counsel for the petitioner and Mr. K. Gogoi, learned Additional Senior Government Advocate for respondent nos. 1-4.

By a notification dated 04.03.2014, the petitioner was transferred to the post of Inspector, Food, Civil Supplies & Consumer Affairs and posted at

Kamrup (M) when he has been so serving, the Department of Food, Civil Supplies & Consumer Affairs had issued a notification on 25.02.2021,

whereby, 58 nos. of Inspectors had been transferred and posted in different locations in the State. By the said notification dated 25.02.2021, the

petitioner has been transferred and posted at Darrang in place of respondent no. 5.

Mr. Dhar has submitted that the petitioner has been suffering from Periampullary Carcinoma (Pancreatic Cancer) since long and because of the

said ailment, the petitioner requires constant medical checkup on alternate days. When by the said notification dated 25.02.2021 the petitioner was

transferred, he submitted a representation before the respondent no. 2 on 08.03.2021 highlighting the difficulties he was likely to face in view of his

displacement from Kamrup (Metro) district vide the said transfer order. When no response was received from the respondent no. 2, the petitioner had

preferred a writ petition, W.P.(C) No. 1816/2021. The said writ petition was disposed of by an order dated 19.03.2021 with a direction to the

respondent no. 2 to take a decision on the said representation dated 08.03.2021. It was further directed that the impugned transfer order concerning

the petitioner shall be kept in abeyance till such a decision was taken by respondent no. 2. The petitioner is aggrieved by impugned communication

dated 17.06.2021 issued by the respondent no. 2 whereby the respondent authorities have been asked to release the Officers who have not yet joined

in their new place of posting pursuant to the notification dated 25.02.2021. It is submitted by Mr. Dhar that the impugned communication dated

17.06.2021 has been issued by the respondent no. 2 without taking a decision on the representation dated 08.03.2021 in deference to the order dated

19.03.2021 passed by this Court in the writ petition, W.P.(C) No. 1816/2021.

Mr. Gogoi has submitted that prior to the order dated 19.03.2021, passed in the writ petition, W.P.(C) No. 1816/2021, the respondent no. 2 in order

to obtain a view as regards the health condition of the petitioner had directed the respondent no. 4 to refer the case of the petitioner to the Medical

Board and to submit a report in order to enable him to take further course of action with regard to the petitioner’s transfer. He has submitted that

it is not discernible from the documents annexed to the writ petition as to whether any decision has been taken by the respondent no. 2 till date in

terms of the order dated 19.03.2021 passed in the writ petition, W.P.(C) No. 1816/2021. Mr. Gogoi has further submitted that this writ petition may be

disposed of at this stage, without issuing any notice to the respondent no. 5, with a direction to the respondent no. 5 to take a decision on the

representation filed by the petitioner in terms of the order dated 19.03.2021, if no such decision has been taken by him till date.

I have heard the submissions of the learned counsel for the parties and perused the materials made available by the petitioner in this writ petition.

It transpires that prior to the disposal of the writ petition, W.P.(C) No. 1816/2021 on 19.03.2021, the respondent no. 2 after receipt of representation

dated 08.03.2021, had intimated the respondent no. 4 vide his communication dated 17.03.2021 to refer the case of the petitioner to the Medical

Board. It further transpires that vide letter dated 27.04.2021, the petitioner was asked to appear before the District Medical Board, Kamrup (M) on

11.05.2021. Accordingly, the petitioner appeared before the District Medical Board on 11.05.2021. The District Medical Board after examining the

case of the petitioner, had opined that the petitioner is a patient of Periampullary Carcinoma (Pancreatic Cancer) and his representation could be

accepted. In the writ petition, W.P.(C) No. 1816/2021, this Court had directed the respondent no. 2 to take a decision on the petitioner’s

representation dated 08.03.2021 wherein he had mentioned about the difficulties he would likely face in case he had to join at his new place of posting

in the district of Darrang. A perusal of the communication dated 17.06.2021 does not go to indicate that the respondent no. 2 prior to issuance of the

said communication, had considered the representation of the petitioner in deference to the direction of this Court contained in the order dated

19.03.2021.

If any decision had already been taken, prior to 17.06.2021, by the respondent no. 2 on the petitioner’s representation, the same shall be

communicated to the petitioner forthwith. If no decision has been taken by the respondent no. 2 till date on the representation of the petitioner, this

Court is of the view that the respondent no. 2 shall have to take a decision in deference to the direction of this Court before acting on the order of

transfer dated 25.02.2021 concerning the petitioner. Having taken note of the aforesaid fact situation obtaining in the case and the submission made by

Mr. Gogoi, this Court is of the view that this writ petition can be disposed of, at this stage, with a direction to the respondent no. 2 to take a decision on

the petitioner’s representation dated 08.03.2021, if no such decision has been taken till date. While taking the decision, the respondent no. 2 shall

also consider the report of the District Medical Board which was directed to hold its sitting in terms of his own decision. It is expected that the

respondent no. 2 shall dispose of the said representation as expeditiously as possible, preferably within a period of 3 (three) weeks from today. It is

further observed that till such a decision is taken, the impugned transfer order in so far as it relates to the petitioner, shall not be acted upon.

With the observations made and directions given, this writ petition stands disposed of.