SANGEETA RANI SINHA v. THE STATE OF ASSAM AND 4 ORS
WP(C)/7377/2025 · 2025-12-17
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 26848 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26848 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010280422025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7377/2025 SANGEETA RANI SINHA W/O MR. VIKRAMJIT SINHA,.R/O HOUSE NO. 294, SANDI PATH, VIP ROAD, BORBARI, HENGERABARI, GUWAHATI -781036, DISTRICT- KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS TREPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ENVIRONMENT, FOREST ANND CLIMATE CHANGE DEPARTMENT, GUWAHATI, ASSAM- 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL (B) DEPARTMENT GUWAHATI ASSAM- 781006 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HOFF PANJABARI GUWAHATI- 781037 ASSAM 4:THE DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GUWAHATI- 781029 ASSAM 5:SRI KHIROD SAIKIA CURRENTLY POSTED AS FOREST RANGER I/C SOUTH GUWAHATI RANGE KAMRUP EAST DIVISION
Page No.# 2/5 ASSA Advocate for the Petitioner : MR. M SARMA, Advocate for the Respondent : GA, ASSAM, SC, FOREST
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER 18.12.2025
Heard Mr. M Sharma, learned counsel for the petitioner. Also heard Mr. D Gogoi, learned Standing Counsel, Forest Department and Mr. TC Chutia, learned Additional Senior Government Advocate, Assam, for the respondent no.2. 2] Considering the subject matter, the writ petition is taken up for disposal at the motion stage without issuing any notice to the respondents. 3] This writ petition is filed by the petitioner who is serving as a Forest Ranger, In-charge South Guwahati Range, Kamrup East Division at Lokhra. The petitioner was earlier transferred to her place of posting in South Kamrup by
order dated 16.10.2024 along with other officers. According to the petitioner, by impugned order dated 08.12.2025, she has been sought to be transferred to Dhemaji Range, Dhemaji, after a mere 14 (fourteen) months from her last place of posting. Learned counsel for the petitioner submits that this is contrary to the
Page No.# 3/5 Office Memorandum dated 12.11.2009 issued by the Government of Assam and subsequently, modified on 06.08.2013. Referring to the said Office Memorandum, learned counsel for the petitioner submits that as per the Office Memorandum dated 06.08.2013 no transfers are to be made prior to 2 (two) years without obtaining the approval of the Chief Minister of the State. It is the grievance of the petitioner that her transfer order has been issued without obtaining such approval. The petitioner has also urged concerned about her health issues. It is further submitted that her elder daughter is in the middle of her academic sessions in a school at Nalapra at Lokhra and the petitioner’s transfer would seriously hamper her daughter’s academic studies. Under such circumstances, this writ petition has been filed. 4] The petitioner has filed a representation on 09.12.2025 before the Special Chief Secretary to the Government of Assam, Environment, Forest and Climate Change Department, Guwahati and the Principal Chief Conservator of Forests & Head of Forest Force Assam, Panjabari. This representation according to the petitioner has remained pending and finding no alternative, the petitioner has approached this Court. Accordingly, the writ petition has been filed praying for interference with the impugned transfer order dated 08.12.2025. 5] Considering the submission made by the learned counsel for the parties
Page No.# 4/5 and upon perusal of the writ petition, it is seen that there are 2 (two) representations filed by the petitioner pending before the concerned authorities. There is also a categorical averment made by the writ petitioner in the writ petition that no approval of the Chief Minister has been obtained as required where a transfer is sought to be effected before completion of 2 (two) years at a particular place of posting. 6] It is submitted by the learned counsel for the respondents that they are not posted with any instructions at this stage.
7] Accordingly, this Court is of the view that the writ petition can be disposed of at this stage without issuance of any notice and without expressing anything on merit, directing the concerned authorities, more particularly, the respondent no.1 to consider the representation dated 09.12.20245 as stated to have been filed. The respondent no.1 will examine the matter and thereafter, pass a speaking order on the grievances raised in the said representation. Needless to say, any such speaking order that is passed by the respondents no.1, copies thereof shall be served on the writ petitioner. Let this exercise be completed within a period of 2 (two) weeks or within the outer limit of 05.01.2026. Till disposal of the representation or the expiry of the outer limit dated 05.01.2026, whichever is earlier, the impugned transfer order dated 08.12.2025 shall remain
Page No.# 5/5 stayed in so far as the writ petition is concerned. 8] The writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant