Sapan Saikia vs State of Assam and Others

Ranjan Gogoi, J.—Heard Mrs. B. Bhuyan, learned counsel for the petitioner, Mr. S.K. Medhi, learned counsel appearing for Respondent No. 3 and Mr. R.K. Bora, learned Government Advocate, Assam appearing for the State Respondents.

The writ petitioner, who was working as a Forest Ranger and attached to the J.V. Range, Dabaka under Nagaon South Division was transferred as Forest Ranger-in-Charge, Lanka Range by an order dated 1.3.2001. The petitioner was relieved from his responsibilities as Forest Ranger, J.V. Range, Dabaka. But after his joining at his new place of posting, i.e., Lanka, the order of transfer dtd. 1.3.2001 was modified by another order dtd. 19.3.2001 and the petitioner was re-transferred as in-charge, K.V. Range at Hojai. Thereafter the order dated 19.3.2001 posting the writ petitioner at Hojai was again modified and the petitioner was posted as Forest Ranger-in-Charge, Borgang Range under Sonitpur East Division. This was done by an order dated 27.3.2001. According to the writ petitioner, he joined at Borgang Forest Range, but thereafter by a subsequent order dated 2.4.2001, the earlier order dated 27,3.2001 posting the petitioner at Borgang Forest Range was stayed. Aggrieved, the instant writ petition has been filed.

The primary thrust of the challenge in the writ petition appears to be that the series of transfers and postings of the writ petitioner as mentioned above, are in ulter abuse of the powers vested in the Respondent authority and that the petitioner has been made to suffer time and again for no fault of his own. It has been contended on behalf of the writ petitioner that the effect of the order dated 2.4.2001 by which the earlier transfer order dated 27.3.2001 was stayed is that the petitioner has been kept in animated suspension and he is left without an appropriate posting.

No affidavit has been filed on behalf of the state Respondents. The private Respondent No. 3 has also not filed any affidavit but it has been submitted at the Bar by Mr. S.K. Medhi, learned counsel appearing for Respondent No. 3 that the Respondent No. 3 has since been transferred from Borgang Forest Range.

In view of the aforesaid statement made by the learned counsel for the Respondent No. 3 that the said Respondent has since been transferred from Borgang Forest Range and as the learned counsel for the petitioner is unable to apprise the Court with regard to the present posting of the writ petitioner, this writ petition shall now closed in terms of the following directions :

A. If the writ petitioner is without a positing or has any grievance with regard to his positing, it would be open for him to file a representation before the appropriate authority, who shall pass necessary orders in the matter of posting of the writ petitioner within a period of 30 days from the date of receipt of the representation from the petitioner.

B. One such order posting the petitioner in any suitable location is passed by the authority, the petitioner will proceed to discharge his duties is accordance with such order as may be passed.

With the above directions, the writ petition stands closed.