ASIF HUSSAIN MAZUMDER v. THE STATE OF ASSAM AND 6 ORS
WP(C)/372/2026 · 2026-01-27
Devashis Baruah
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 879 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 879 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010008152026
2026:GAU-AS:968
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/372/2026 ASIF HUSSAIN MAZUMDER S/O- MOZZAM HUSSAIN MAZUMDER, RESIDENT OF SATGAON ROAD, BAGARBARI, GUWAHATI, ASSAM, PIN- 781037 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI-6 3:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI-6 4:THE CHIEF ENGINEER PHE WATER ASSAM HENGRABARI GUWAHATI 5:THE CHIEF ENGINEER (PHE) SANITATION ASSAM HENGRABARI GUWAHATI-36
Page No.# 2/4 6:THE EXECUTIVE ENGINEER (PHE) GUWAHATI DIVISION -1 BAMUNIMAIDAM GUWAHATI-21 7:THE EXECUTIVE ENGINEER (PHE) SOUTH SALMARA MANKACHAR DIVISION HATSINGIMARI SOUTH SALMARA MANKACHAR PIN- 78313 For the Petitioner(s) : Mr. A.M.S. Mazumder, Advocate
For the Respondent(s) : Mr. R.R. Gogoi, Advocate
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 28.01.2026
Heard Mr. A.M.S. Mazumder, the learned counsel appearing on behalf of the petitioner. Mr. R.R. Gogoi, the learned Standing Counsel appears on behalf of the respondents. 2. The petitioner herein has assailed the order dated 03.01.2026 whereby the petitioner has been transferred from the Office of the Executive Engineer (PHE), Guwahati Division-I to the Office of the Executive Engineer (PHE), South Salmara, Mankachar Division against an existing vacancy w.e.f. the date of taking over charge and until further orders. 3. The grievances of the petitioner herein are that the petitioner is suffering from various ailments and that the
Page No.# 3/4 parents of the petitioner are also suffering from various ailments. In that regard, the petitioner submitted a representation on 07.01.2026 which has not yet been considered by the Respondent Authorities. 4. This Court has enquired with the learned counsels appearing on behalf of the petitioner as well as the respondents, as to how, may many years the petitioner has been stationed at Guwahati. 5. It has been submitted at the bar that the petitioner has been stationed in Guwahati for the last 12 (twelve) years. 6. This Court has also given an anxious consideration to the respective submissions and has also perused the materials on record. 7. Transfer is an incidence of the petitioner’s service and the Respondent Authorities have the authority to transfer the petitioner from one place to another. 8.
It is no longer res integra that the scope of interference with a transfer order is very limited and sans a case of mala fide or extreme hardships, the writ Court ought not to exercise jurisdiction to interfere with the transfer order, that too, when the transfer is made in administrative exigency. 9. Considering the above, this Court, does not find any ground
Page No.# 4/4 to interfere with the transfer order dated 03.01.2026. 10. Accordingly, the instant writ petition stands dismissed. 11. Before parting with the record, this Court, however, observes that since the petitioner has submitted a representation dated 07.01.2026, the respondents shall duly consider the same and intimate the petitioner of the outcome within a period of 7 (seven) days from today. While considering the representation, the concerned Respondent Authorities shall deal on its merits without being influenced by the dismissal of the present writ petition. JUDGE Comparing Assistant