Krishna Kanta Das vs State Of Assam And 4 Ors

Heard Mr. D. Das, learned senior counsel assisted by Mr. H.K. Nath, learned counsel for the applicant. I have also heard Mr. J. Chutia, learned

Standing Counsel, KAAC and Mr. S. S. Roy, learned Government Advocate, Assam, appearing for the official respondents.

The writ petitioner was earlier promoted as SDVO by order dated 23/02/2021 issued by the Government of Assam and his services was placed under

the disposal of KAAC, Diphu. Pursuant thereto, the applicant had joined on 27/02/2021 and his joining at Diphu was also accepted by the KAAC

authorities. However, instead of permitting the petitioner /applicant to function as SDVO, Diphu, he was posted as Fodder Development Officer at

Manja. Aggrieved thereby, the petitioner has approached this court by filling the connected writ petition.

According to Mr. Das, the decision to post the petitioner at Manja is solely intended to extend undue benefit to the private respondents, who is holding

the charge of the post of SDVO, Diphu.

Mr. Chutia, learned Standing Counsel, KAAC, on the other hand, submits that although the joining of the petitioner/applicant at Diphu has been

accepted by the Council, no decision has yet been taken as regards his joining as SDVO, Diphu and, therefore, a week’s time be granted to the

departmental authorities to take a decision in the matter.

Mr. Roy, learned Government Advocate, Assam, also seeks one week’s time to obtain instruction and appraise this Court as to whether the

Veterinary Department is a transferred subject and, if so, whether, the Government of Assam would not have the jurisdiction to directly issue an order

of posting of an Officer under the KAAC authorities.

On the request of learned departmental counsel(s), this matter is directed to be posted gain on 24/06/2021, so as to enable them to obtain necessary

instruction.

Whatever be the decision of the KAAC, the same be placed before this Court along with supporting documents.

Extra copies of the IA and the connected writ petition be furnished to the learned State Counsel..