PRASANNA KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AC Borbora, the learned Sr. Counsel appearing for the writ petitioner and Mr. AC Buragohain, the learned Addl. Advocate General, Assam for the respondents.

(2.) Both these two writ petitions i.e. WP(C) No. 1098/05 and WP(C) No. 2029/05 are based on common facts. In WP(C) No. 1098/05, the notification No. AAA.5/2005/8 dated 11.2.05 issued by the Joint Secretary to the Govt. of Assam, Personnel (A) Department is challenged. By the said notification, the petitioner, on being replaced in the Personnel Department, has been transferred and posted as Deputy Secretary, to the Govt. of Assam, Election Department, who was till then serving on deputation as Project Director, District Rural Development Agency, Nalbari (herein after referred to as the PD, DRDA,Nalbari).

(3.) In WP(C) No. 2029/05, the petitioner has challenged and prayed for quashing of a notification issued under Memo No. NZP/04/ 1962(A) dated 30.12.04 addressed to the Commissioner and Secretary, Govt. of Assam, Personnel Department intimating inter alia that, a three (3) Men Enquiry Committee was constituted to go into the irregularities done by the petitioner as PD, DRDA, Nalbari during his tenure of office on the subjects mentioned therein. In the said communication, request has also been made to move the petitioner out from his present post in the interest of smooth conducting of the inquiry. In view the identity of facts and relevant provisions, necessary to be gone into to decide the matter, both the petitions are heard and disposed of analogously.