WA 315/2016. Gauhati High Court
|Case Number:||WA 315/2016|
|Judgement Date:||May 26, 2020|
|Court:||Gauhati High Court|
Writ Appeals under the Gauhati High Court Rules
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
The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Health and Family Welfare Department, Dispur, Guwahati-6.
The Secretary to the Government of Assam, Health and Family Welfare Department, Dispur,
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
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.
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.
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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