NAJEERUL HAQUE Vs. STATE OF ASSAM
LAWS(GAU)-2018-9-164
HIGH COURT OF GAUHATI
Decided on September 10,2018

Najeerul Haque Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

M.R.PATHAK,J. - (1.) Heard Mr. U K Nair, learned Senior counsel, assisted by Mr. M Khan, learned counsel for the petitioner and Mr. A Deka, learned Standing counsel, Education Department for respondent Nos. 1, 2 and 4. Also heard Ms. D Das Barman, learned Government Advocate, Assam for the respondent No. 3 and Mr. R Dubey, learned counsel for the respondent Nos. 5.
(2.) Challenge in this writ petition is to the impugned order of transfer passed by the Commissioner and Secretary to the Government of Assam in the Secondary Education Department under No. ASE.274/2015/156 dated 28.11.2017, by which the petitioner, Superintendent of Asimia Senior Madrassa, District Karimganj has been transferred from the said Madrassa and posted him, against the existing vacancy at Asatul Idgah Senior Madrassa of Karimganj District and also the consequential order passed by the Director of Secondary Education, Assam under No. DSE/GA/ASM/2349/2017/ 165 dated 05.12.2017.
(3.) The contention of the petitioner that officials of the district administration, not related to the Education Department, made some inquiry on some private complaints, submitted its report before the Deputy Commissioner, Karimganj, who in turn forwarded the same to the Commissioner and Secretary to the Government of Assam in the Secondary Education Department and thereafter, the said Commissioner of the Department passed the impugned transfer order of the petitioner, which is purely punitive in nature and therefore, needs to be set aside and quashed.;


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