KRISTO MOHAN ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. K. Nair, learned senior counsel appearing for the petitioner and also heard Mr. D. Nath, learned Government Advocate appearing for the State respondents.

(2.) The brief facts and circumstances which lead to the filing of this writ petition are as follows;

(3.) It is submitted by Mr. Nair that the petitioner being an employee of Health Department, Deputy Commissioner of Goalpara, cannot exercise such power of bringing him on deputation to his own office. The learned counsel also submitted that even if it is assumed that the Deputy Commissioner has power of issuing such deputation order the same cannot be issued by him unilaterally, because before issuance of such orders consent of the Department from whom the Government Servant is to be borrowed and consent of the employee himself are required to be obtained. Without such consent a deputation order cannot be a valid order.