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2026 DAILYLAW 7855 (GAU)

SRI BIKRAM BISWAS v. THE STATE OF ASSAM AND 5 ORS

WP(C)/2829/2026 · 2026-06-09

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010107912026 2026:GAU-AS:8276 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2829/2026 SRI BIKRAM BISWAS SON OF BIDUR BISWAS PERMANENT RESIDENT OF VILLAGE SANKARDEV NAGAR P.O. MORIGAON P.S. AND DISTRICT MORIGAON 782105 ASSAM PRESENTLY RESIDING AT VILLAGE BHALUKDUBI PO BHALUKDUBI PS GOALPARA DISTRICT GOALPARA ASSAM, (PRESENTLY SERVING UNDER THE ESTABLISHMENT OF THE CHIEF JUDICIAL MAGISTRATE, GOALPARA AS CHOWKIDAR VERSUS THE STATE OF ASSAM AND 5 ORS LR AND JUDICIAL DEPARTMENT GOVT OF ASSAM REPRESENTED BY ITS COMMISSIONER AND SECRETARY E BLOCK 2ND FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI 06 ASSAM 2:OFFICE OF THE REGISTRAR GENERAL GAUHATI HIGH COURT REPRESENTED BY ITS REGISTRAR GENERAL GAUHATI HIGH COURT LATASIL UZAN BAZAR GUWAHATI ASSAM 781001 3:OFFICE OF THE REGISTRAR (VIGILANCE) RFEPRESENTED BY ITS REGISTRAR (VIGILANCE) GAUHATI HIGH COURT LATASIL UZAN BAZAR GUWAHATI ASSAM PIN- 781001 ASSAM 4:OFFICE OF THE CHIEF JUDICIAL MAGISTRATE DISTRICT JUDICIARY COURT COMPLEX BHALUKDUBI DISTRICT GOALPARA ASSAM 183101 5:OFFICE OF THE DISTRICT AND SESSION JUDGE BONGAIGAON REPRESENTED BY DISTRICT AND SESSION JUDGE BONGAIGAON DISTRICT COURT COMPLEX DEURIPARA PO AND PS BONGAIGAON DISTRICT BONGAIGAON ASSAM PIN- 783380 Page No.# 2/3 6:SRI MINTU CH. RAY DRIVER OFFICE OF THE DISTRICT AND SESSIONS JUDGE ADDRESS- DISTRICT COURT COMPLEX DEURIPARA PO AND PS BONGAIGAON DISTRICT BONGAIGAON ASSAM PIN- 783380 7:SRI MINTU CH. RAY DRIVER OFFICE OF THE DISTRICT AND SESSIONS JUDGE ADDRESS- DISTRICT COURT COMPLEX DEURIPARA PO AND PS BONGAIGAON DISTRICT BONGAIGAON ASSAM PIN- 78338 For the Petitioner(s) : Mr. S. Chamaria, Advocate For the Respondent(s) :Mr. K. Gogoi, Addl. Sr. Govt. Advocate Ms. S. Sarma, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 10.06.2026 Heard Mr. S. Chamaria, the learned counsel appearing on behalf of the petitioner. Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the respondent No. 1 and Ms. S. Sarma, the learned Standing Counsel appears on behalf of the respondent Nos. 2, 3, 4 and 5. 2. The petitioner herein has challenged the Notification dated 13.05.2026 issued by the Registrar (Vigilance), Gauhati High Court whereby the respondent No. 6, who was serving in the office of the District and Sessions Judge, Bongaigaon was Page No.# 3/3 transferred to the vacant post of Driver in the office of the Chief Judicial Magistrate, Goalpara. 3. The grievance of the petitioner is that although he was appointed as a Chowkidar, he had been temporarily entrusted with the duties of the official Driver of the Chief Judicial Magistrate, Goalpara and as such, the petitioner has challenged the Notification dated 13.05.2026. 4. In the opinion of this Court, the petitioner has no semblance of right to challenge the same, taking into account that the petitioner was appointed as a Chowkidar and, unless and until he is duly selected and appointed to the post of Driver in accordance with law, he has no right to challenge the transfer of the respondent No. 6 vide Notification dated 13.05.2026. 5. Accordingly, the writ petition stands dismissed. JUDGE Comparing Assistant