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2025 DAILYLAW 18976 (GAU)

DR SUNITA EKKA v. THE STATE OF ASSAM AND ORS

WP(C)/5691/2025 · 2025-09-23

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010202072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5691/2025 DR SUNITA EKKA C/O- DR. SUNIL KUMAR HAJONG. R/O- STATION ROAD, WARD NO.5, P.O. AND P.S.- GOLAGHAT. DIST.- GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF ASSAM, ASSAM SECRETARIAT,DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM. HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-781006. 3:THE DIRECTOR OF HELATH SERVICES ASSAM OFFICE OF THE DIRECTOR OF HEALTH SERVICES HENGARABARI GUWAHATI-781036. 4:THE JOIN DIRECTOR OF HELATH SERVICES GOLAGHAT. DIST.- GOLAGHAT ASSAM. 5:THE DISTRICT COMMISSIONER GOLAGHAT OFFICE OF THE DISTRICT COMMISSIONER GOLAGHAT ASSAM- 785621. Page No.# 2/3 6:DR UTPAL BORAH SDM AND HO SKKCH GOLAGHAT. PRESENTLY HOLDING CHARGE OF DTO GOLAGHAT SWAHID KUSHAL KONWAR CIVIL HOSPITAL GOLAGHAT- 785621 Advocate for the Petitioner : MS. D L DEKA, MR P R SARMA Advocate for the Respondent : SC, HEALTH, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.09.2025 Heard Mr. PR Sarma, learned counsel for the petitioner. Also heard Ms. D. Bora, learned Standing Counsel, Health Department and Mr. D. Bora, learned Government Advocate, Assam. 2] The petitioner is aggrieved by the order dated 13.01.2024 issued by the Joint Director of Health Services, Golaghat, whereby the petitioner was relieved of the additional charges which she was earlier given under the Revised National Tuberculosis Control Programme (RNTCP), Golaghat. It is the submission of the learned counsel for the petitioner that this order was on the basis of the show case notice issued by the District Magistrate/Commissioner, Golaghat on 24.01.2024. It is submitted that it is not the District Magistrate/Commissioner, Page No.# 3/3 Golaghat who is the competent authority but the Director of Health Services who is the competent Authority to transfer or relieve the petitioner from the post. It is submitted that the petitioner has also preferred a representation dated 28.05.2025 before the Director of Health Services. The said representation according to the petitioner has not been disposed of. 3] Accordingly, without expressing anything on merit, this Court directs the Director of Health Services to dispose of the representation dated 28.05.2025 stated to have been preferred by the petitioner by passing a speaking order. Any such speaking order that is passed, a copy thereof shall be served on the writ petitioner. If in the meantime, the representation stated to have been filed by the petitioner had already stood disposed of as on date, then a copy thereof shall be served on the writ petitioner without further delay. Let this order be carried out within a period of 30 (thirty) days from the date of receipt of a certified copy of this order. 4] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant