Page No.# 1/6 GAHC010014132024 2026:GAU-AS:2521 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/355/2024 KAMALESWAR DAIMARY S/O- MARGA DAIMARY, R/O- RANGIDARA, P.O.- BETBARI, P.S.- SIMLA, PIN- 781327, DIST.- BAKSA, BTR, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED HEREIN BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GAUHATI-6. 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI ASSAM- 781006. 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GAUHATI-19 4:THE INSPECTOR OF SCHOOLS KAMRUP (M) DISTRICT CIRCLE PANBAZAR GUWAHATI-01 Advocate for the Petitioner : MR S BORTHAKUR, MR H P NEPAL Page No.# 2/6 Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 17-02-2026 Heard Mr. A. Borthakur, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education, Assam. 2. The petitioner by way of instituting the present proceeding has presented a challenge to an order of deployment dated 12-01-2024, deploying him to Bathoupuri Bodo Higher Secondary School in the district of Kamrup (M), on the ground that it is punitive in nature. 3. The petitioner, herein, was working as a Subject Teacher in Education at Dispur Government Higher Secondary School. The post of Principal of the said School falling vacant, the petitioner had staked a claim for being allowed to hold the charge of the post of Principal of the School. Such application was made before the Director of Secondary Education, Assam, however, one Dayananda Bhuyan, a teacher of the same school was permitted to hold the charge of the post of Principal of the Dispur Government Higher Secondary School. Being aggrieved by the action on the part of the respondent authorities, in allowing a junior to hold the charge of the post of Principal of the School, the petitioner on 19-12- 2023 submitted an application before the Highest Executive of the State and therein by setting out his grievance had requested for taking necessary steps for permitting holding Page No.# 3/6 of the charge of the post of Principal by the senior-most teacher of the School. The representation submitted by the petitioner came to be forwarded to the Director of Secondary Education for necessary action and the same, led to the issuance of a communication dated 08-01-2024 to the petitioner, herein, requiring him to explain as to why a disciplinary action should not be initiated against him for having directly approached the Highest Executive of the State bypassing his immediate superiors. Thereafter the impugned order dated 12-01-2024 came to be issued. Being aggrieved the petitioner has instituted the present proceeding. 4. Mr. S. Borthakur, learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submitted that it is only on account of the fact that the petitioner had submitted a representation before the Highest Executive of the State, that the respondent authorities had taken the decision to transfer the petitioner vide issuance of the order dated 12-01-2024. He submits that the said order dated 12-01-2024, in addition to being punitive in nature has also been issued to obliterate any challenge being presented by the petitioner to the order issued towards allowing his junior Dayananda Bhuyan to hold the charge of the post of Principal of the said School. Accordingly, Mr. Borthakur submits that the impugned order insofar as it concerns the petitioner would mandate an interference from this Court. 5. Mr. U. Sarma, learned standing counsel, Secondary Education, Assam appearing for the respondents has furnished a copy of the instruction received by him in the matter from the Director, Secondary Education, Assam, and has submitted that the transfer of Page No.# 4/6 the petitioner was on account of an exigency of service arising, requiring posting of teachers in Bathoupuri Bodo Higher Secondary School after the same was upgraded to the Higher Secondary School level. He submits that the posting of the petitioner was done on temporary basis and the petitioner would be reverted back to his original post in Dispur Government Higher Secondary School, on posts being created and filled up at Bathoupuri Bodo Higher Secondary School. Mr. Sarma submits that the transfer of the petitioner has got no relation to the communications issued to him, requiring him to explain as to why, he had approached the Highest Executive of the State, bypassing his immediate superiors. 6. Mr. Sarma submits that the petitioner by approaching the Highest Executive of the State directly bypassing his immediate superiors, had violated the instruction issued in this connection by the Department and for which he is liable to be proceeded against by institution of departmental proceedings. He reiterates that it is only in the interest of public service that the petitioner, herein, was posted at Bathoupuri Bodo Higher Secondary School. Accordingly, he submits that the impugned order dated 12-01-2024, insofar as it concerns the petitioner, herein, would not mandate any interference. 7. I have heard the learned counsel for the parties and have also perused the materials available on record. 8. The instruction furnished by Mr. Sarma reveals that in the month of October, 2023, the Government had approved a proposal for deployment of teachers from Government and Provincialized Schools to the newly upgraded Bathoupuri Bodo Higher Secondary School in Kamrup (M) district. The said communication also refers to the approval granted Page No.# 5/6 by the Departmental Minister to the list of teachers of Dispur Government Higher Secondary School who were shortlisted for deployment to Bathoupuri Bodo Higher Secondary School. The said communication, as noticed hereinabove, was issued on 16- 10-2023. Thereafter, it is seen that there was no move initiated for posting the petitioner, herein, to the newly upgraded Bathoupuri Bodo Higher Secondary School. It is only after the petitioner had questioned the orders issued towards allowing his junior Dayananda Bhuyan to hold the charge of the post of Principal of the School, in question, and on not getting a response from the departmental authorities, approaching the Highest Executive of the State for redressal of his grievance, that the respondent authorities proceeded to issue the impugned communication dated 12-01-2024 posting the petitioner temporarily at Bathoupuri Bodo Higher Secondary School. It is to be noted that prior to issuance of the impugned order, the Director vide communication dated 08-01-2024 directed the petitioner to explain as to why disciplinary action as per the Rules in vogue ought not to be initiated against him, for commission of a misconduct, in approaching the Highest Executive of the State directly, by submitting representations praying for redressal of his grievances. On perusal of the communication issued in the matter, this Court finds that the trigger for issuance of the order dated 12-01-2024 is the decision taken by the departmental authorities to require the petitioner to explain as to why disciplinary proceeding against him should not be instituted for the misconduct committed by him in approaching the Highest Executive of the State directly. Accordingly, in the considered view of this Court, the impugned order dated 12-01-2024, insofar as, the petitioner is concerned is clearly punitive in nature. It is settled law that in the event an order of Page No.# 6/6 transfer is found to be punitive in nature, this Court would have the power to set aside and quash the same. This Court also notices that the deployment of the petitioner to Bathoupuri Bodo Higher Secondary School vide order dated 12-01-2024 did not give the petitioner a permanency in the said School, inasmuch as, it is evident that no post for the purpose was created in the said School and the petitioner was to continue to draw his pay and allowances from the Dispur Government Higher Secondary School. 9. Accordingly, the order dated 12-01-2024, insofar as, it concerns the petitioner, herein, stands set aside. The petitioner be now permitted to continue at Dispur Government Higher Secondary School. However, interference made by this Court with the order dated 12-01-2024, insofar as, it concerns the petitioner shall not restrain the respondents from instituting disciplinary proceeding against the petitioner in the event, materials justifying commission by him of any misconduct is available with the disciplinary authority. 10. With the above observations and direction, the present writ petition stands disposed of. 11. The instruction furnished by Mr. U. Sarma, learned standing counsel, Secondary Education, Assam is kept on record and marked as ‘X’. JUDGE Comparing Assistant