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2025 DAILYLAW 15010 (GAU)

ANGSUMAN TERON v. THE STATE OF ASSAM AND 4 OTHERS

WP(C)/3619/2025 · 2025-06-25

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010140712025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3619/2025 ANGSUMAN TERON S/O- LATE HONSING TERON, R/O-VILLAGE- LORULANGSO, NEAR PHE COLONY , P.O AND P.S- DIPHU, DIST-KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM AND 4 OTHERS REP BY THE COMMISSIONER AND SECRETARY, HOME AND POLITICAL DEPARTMENT, GOVT OF ASSAM, GUWAHATI-06, ASSAM 2:THE ADDL. CHIEF SECRETARY HOME AND POLITICAL DEPARTMENT GOVT OF ASSAM GUWAHATI-06 ASSAM 3:THE INSPECTOR GENERAL OF PRISONS ASSAM KHANAPARA GUWAHATI-22 4:THE SUPERINTENDENT DISTRICT JAIL HAMREN DIST- KARBI ANGLONG PIN-782426 5:RAFIQUL ISLAM JAILOR OF DISTRICT JAIL KOKRAJHAR Page No.# 2/3 ASSAM PIN-78337 Advocate for the Petitioner : MR. J HATIMURIA, MR. M BISWAS,MR. A PHUKAN,MR. N M DAS Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 26-06-2025 Heard Mr. M. Biswas, learned counsel for the writ petitioner. Perused the averments made in the writ petition. The writ petitioner herein, who is serving as District Jailor in Hamren, has been transferred and posted as Jailor in the District Jail, Kokrajhar vide impugned transfer order dated 13-06-2025. Resisting the transfer the petitioner has approached this Court, by filing this writ petition, inter alia, contending that his wife is a pregnant woman with 03 months pregnancy and he also has a 1 year 03 months old girl child with no one else to take care of her. Under such circumstances, if the petitioner is compelled to join at Kokrajhar at this stage, then the same would cause serious injury to the interest of his family members. Mr. Biswas, learned counsel for the writ petitioner has argued that the petitioner be permitted to remain at Hamren at least till the stage of delivery of the child. It has also been pointed out that on 14-06-2025, the petitioner had submitted a representation before the Inspector General of Prisons, Assam highlighting his personal difficulties with a Page No.# 3/3 request to modify the transfer order. However, no decision has been taken on the said representation till date. Mr. R. Dhar, learned Addl. Sr. Govt. Advocate, Assam submits that the representation submitted by the petitioner would be considered in accordance with law. In view of the above, this writ petition stands disposed of with a direction upon the respondent Nos. 1 to 3 to consider the representation dated 14-06-2025 submitted by the petitioner on merit and in accordance with law and dispose of the same with a speaking order. Till such time, the representation is disposed of by the respondents, the Govt. accommodation under possession of the petitioner’s family at Hamren shall not be disturbed. It is made clear that if, in the meantime, the petitioner joins at Kokrajhar, as Jailor, the same will be without prejudice to his rights and contentions in the matter. With the above observation this writ petition stands disposed of. JUDGE Comparing Assistant