WA 315/2016. Gauhati High Court

Case Number:WA 315/2016
Judgement Date:May 26, 2020
Court:Gauhati High Court
SUMMARY

Writ Appeals under the Gauhati High Court Rules

 
FREE EXCERPT

IN THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM, NAGALAND, ARUNACHAL PRADESH AND MIZORAM)

WRIT APPEAL NO.315 OF 2016 Appellant :

Dr. Atindra Kumar Adhikari,

Son of Late Shyam Kanta Dev Adhikari

Resident of Lachit Nagar, House No.69

Guwahati-781 007

Respondents:

  1. The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Health and Family Welfare Department, Dispur, Guwahati-6.

  2. The Secretary to the Government of Assam, Health and Family Welfare Department, Dispur,

    Guwahati-6.

  3. Dr.Bhabani Prasad Chakraborty,

    i/c Director of Medical Education, Assam Principal cum Chief Superintendent, Fakhruddin Ali Ahmed Medical College & Hospital, Barpeta, District Barpeta, Assam presently serving as the Officer on Special Duty in the office of Directorate of Medical Education, Planning & Research, Assam

  4. Dr. Kabul Chandra Saikia,

    Son of Late Lambodar Saikia,

    Resident of House No.7,Gulap Borbora Path, Anil Nagar, Rajgarh Link Road, Guwahati-781007, Assam.

    BEFORE

    HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

    For the Appellant … Mr. KN Choudhury,

    learned senior counsel assisted by Mr. DJ Das, learned counsel.

    For the Respondents … Mr. D Saikia, learned Senior Additional

    Advocate General, Assam, assisted by

    Mr.B Gogoi, learned Standing Counsel, Health and Family Welfare Department and

    Mr.D Das, learned senior counsel, assisted by Mr. S Khound, learned counsel for Respondent No.3

    Date of hearing & Judgment … 26.5.2017

    JUDGMENT AND ORDER

    (Ajit Singh, C.J.)

    This intra-court appeal is directed against the order dated

    22.7.2016 passed in appellant’s WP(C) No.588/2016 to the extent the learned Single Judge of this High Court has remanded the matter to the Secretary, Health & Family Welfare Department, for a fresh consideration.

  5. The appellant was posted as Principal-cum-Chief Superintendent at Assam Medical College & Hospital, Dibrugarh for more than 4 years. The State Government, therefore, vide order dated 1.4.2015, transferred him in the same capacity to Gauhati Medical College & Hospital, Guwahati, in place of Respondent No.4, who, in turn, was transferred by another order of the same date to Fakruddin Ali Ahmed Medical College & Hospital, Barpeta. At that time, Respondent No.3 was posted as Principal-cum-Chief Superintendent of Fakruddin Ali Ahmed Medical College & Hospital, Barpeta and to complete the chain, he, by another order of the same date, was transferred in place of the...

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