ZAKIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.P. Kataky, learned senior counsel for the petitioner assisted by Sri D.R. Gogoi and also Mr. G.K. Bhattacharjee, the learned senior counsel assisted by Mr. B. Chakrabarty learned counsel for the respondent No. 4 and also heard Mr H.K. Mahanta learned Govt. counsel on behalf of the State respondent.

(2.) Despite notice, no affidavit-in- opposition has been filed on behalf of the State respondent but at the time of hearing Mr Mahanta has produced the relevant records which has been perused accordingly. By this writ petition the petitioner has challenged the order dated 5.6.2001 by which the petitioner, while working as Junior Engineer at Morigaon, was transferred to Bhurbandha Development Block. By the said order itself, transfer order of respondent No. 4 dated 19.3.2001 has been stayed. Be it noted that vide order dated 19.3.2001 (vide Annexure-IV to the writ petition) the petitioner was transferred to Morigaon while the respondent No. 4, working as Junior Engineer at Morigaon, was transferred and posted at Kothiatoli. By the impugned notification dated 5.6.2001 the respondent No. 4 was allowed to continue at Morigaon, due to stay of the notification dated 19.3.2001.

(3.) Shri Kataky, the learned counsel appearing on behalf of the petitioner, specifically argues that the impugned notification dated 5.6.2001 on the face of itself is illegal and liable to be set aside only on the count that the same has been issued only to accommodate the respondent No. 4 without assigning any reasons for stay of the earlier notification dated 19.3.2001 when both the notification have been issued for public interest. In support of the said notification Mr Kataky has relied on two decisions of this Court namely Sougaijam Brojendro Singh-Vs-State of Manipur & Ors. reported in (1996) 1 GLR 303 (1996) 2 GLT 577 and Roukuolhoulie Angami-Vs- State of Nagaland & Ors. reported in (1997) 3 GLR 1 (1997) 1 GLT 140 respectively.