ANUPAM KHARGARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.D. Choudhury, learned counsel for the petitioner. Also heard Mr. D. Nath, learned counsel for the respondent Nos. 1, 2 & 3 and Mr. S. N. Sarma, learned Senior counsel for the respondent No. 4, assisted by Mr. K. Kalita. No one appears for the respondent No. 5 though notice was issued to him on 04.12.2020. Though there is no return of A/D card or unserved notice, notice is deemed to be served upon the respondent No. 5 in terms of Section 27 of the General Clauses Act.

(2.) The brief facts of the case is that vide notification dated 06.11.2020, a number of Engineers in the PWD were transferred. In the said notification dated 06.11.2020, the petitioner was promoted and allowed to officiate as Executive Engineer (C), PWD and posted as Executive Engineer (C), PWRD, Morigaon District Territorial Road Division, Morigaon w.e.f. the date the petitioner took charge from the respondent No. 4. The notification also directed the petitioner to hand over the charge of Assistant Executive Engineer (C) to the senior most AE (C) of the Division. The petitioner accordingly joined at his new place of posting at Morigaon District Territorial Road Division on 09.11.2020 by submitting his joining letter. The joining letter dated 09.11.2020 was addressed to the respondent No. 4, requesting him to take necessary action for handing over and taking over charge at an early date. However, the same not done by the respondent no.4

(3.) By the notification dated 06.11.2020, the respondent No. 4 was in turn transferred to the post of EE (C), PWRD, Bakulia Road Division, Bakulia, Karbi Anglong. However, the State respondents subsequently issued a notification dated 12.11.2020, whereby the posting of the petitioner and the transfer of the respondent No. 4 were both cancelled.