SUBHASH SEN MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Though the misc application, filed by the respondent No.4, for vacation, modification or alteration of the interim order dated 27.11.2003 was the subject matter of consideration, as the records in original have been produced and the learned counsel for all the contesting parties have been heard, instead of considering the interim matter, this Court finds it more convenient to dispose of the writ petition itself.

(2.) The writ petitioner who is a Sub-Inspector of Schools and posted at Lakhipur in the Goalpara District was allowed to hold current charge of the Block Elementary Education Officer. This was done by an order dated 1.11.2003, passed by the Secretary to the Govt of Assam, Education Department. Pursuant to the aforesaid order of the Secretary, the District Elementary Officer has passed a separate order on 11.11.2003, reiterating the above arrangement. On 15.11.2003, the impugned order was passed once again by the Secretary, allowing the respondent No.4 to assume the current charge of the office of the Block Elementary Education Officer, Lakhipur, in the place of the petitioner.

(3.) The challenge made by the writ petitioner and the validity of the impugned action being capable of being resolved by a reference to the reasons for the same, this Court directed the learned Govt Advocate, to place before the Court, the records in original. The said records have been produced and a perusal, thereof, reveals a highly disturbing picture. There are correspondences in the records produced as well as noting in the note sheet which would go to show that the impugned order dated 15.11.2003, has been passed on entire collateral and extraneous reasons on which account the impugned order dated 15.11.2003 would partake character of a perverse and arbitrary and action on the part of the State authority. Beyond what has been recorded, this Court is not inclined to go any further. However, the conclusions reached on perusal of the record would be sufficient to generate the requisite satisfaction that the impugned order dated 15.11.2003 must be set aside, which I hereby do.