DR. ATINDRA KUMAR ADHIKARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This order will dispose of three writ petitions, WP(C) Nos.588, 3168 and 3169 of 2016.

(2.) Heard Mr. K.N. Choudhury, learned Senior counsel for the petitioner in WP(C) No.588/2016, Mr. JMA Choudhury, learned Standing Counsel, Health Department, for respondent Nos.1 and 2 and Mr. D. Das, learned Senior counsel, for respondent No.3 in WP(C) No.588/2016. None has appeared for respondent No.4, though served. Also heard Mr. D. Das, learned Senior counsel for the petitioner in WP(C) Nos.3168 and 3169 of 2016, Mr. JMA Choudhury, learned Standing Counsel, Health Department, for respondent Nos.1, 2 and 3 in WP(C) No.3168/2016 and respondent Nos.1 and 2 in WP(C) No.3169/2016. Also heard Mr. K.N. Choudhury, learned Senior counsel for respondent No.4 in WP(C) No.3168/2016, who is respondent No.3 in WP(C) No.3169/2016. Also perused the record produced by Mr. JMA Choudhury, learned Standing Counsel, Health Department. WP(C) NO.588/2016

(3.) By filing this petition under Article 226 of the Constitution of India, petitioner Dr. Atindra Kumar Adhikari has challenged the legality and validity of the notification dated 01.02.2016 issued by Secretary to the Govt. of Assam, Health and Family Welfare Department, transferring respondent No.3 Dr. Bhabani Prasad Chakraborty, who was then posted as Principal -cum -Chief Superintendent, Fakruddin Ali Ahmed Medical College and Hospital, Barpeta and in -charge Director of Medical Education, Assam, in the same capacity and posting him as Principal -cum -Chief Superintendent, Gauhati Medical College and Hospital (GMCH), Guwahati with effect from the date of taking over charge vice respondent No.4, who superannuated on 31.01.2016 as Principal -cum -Chief Superintendent, GMCH, Guwahati. As per the second part of the said notification, the earlier notification dated 30.01.2016 in respect of the petitioner was cancelled.