WP(C) 3033/2011 BEFORE HON’BLE MR JUSTICE UJJAL BHUYAN Heard Mr.B.D.Das learned counsel for the petitioner. Also heard Mrs.V.L .Sinha, the learned State Counsel for respondent Nos.1 to 4 and Mr.N.Bora learne d counsel for the respondent No.5. The petitioner is aggrieved by the transfer order dated 3.1.2011 whereby he was transferred from Dibrugarh and posted at Nalbari and in place of the petitioner respondent No.1 was posted at Dibrugarh from Biswanath Chariali. According to t he petitioner, he had submitted representation before the authority against the said transfer order. Thereafter, the petitioner approached this Court by filing W.P(C) 784/11 which was disposed of by order dated 11.2.2011. By the said order , this Court directed the Principal Secretary to the Govt. of Assam, Food, Civil Supplies & Consumer Affairs Department to consider and dispose of the represen tation submitted by the petitioner against the order of transfer. It was furthe r directed that the said representation should be disposed of within two month s and the outcome of the said deliberation should be communicated to the pe titioner. Thereafter , the Principal Secretary passed an order dated 19.5.2011 d isposing of the representation by directing him to continue at the present pla ce of posting at Nalbari. The relevant portion of the said order is as follows : Perused the order of the Hon’ble Gauhati High Court alongwith the pet itions as indicated above of Shri Brahma , Deputy Director, Food, Civil Supplie s & Consumer Affairs, Dibrugarh who has been transferred to Nalbari in the inte rest of Public Services vide Govt. Notification FSB62/2009/60-D, dated 03/01/20 11 although he has not completed the required period of 3 years of service at hi s place of posting, i.e. Dibrugarh. Accordingly, Deputy Commissioner, Dibrugarh, has released Shri Brahma on 13/01/2011 and Shri Brahma has also joined at Nal bari as Deputy Director, Food, Civil Supplies & Consumer Affairs on 25.1.2011. After joining the new place of posting at Nalbari, Shri Brahma has subm itted representation dated 27/1/2011 for cancellation and for modification of hi s transfer order on the ground that he has not completed 3 years of service at Dibrugarh. As per direction of the Hon’ble Gauhati High Court, Govt.,Food,Civil Sup plies & Consumer Affairs Deptt. has arranged a hearing on 26.4.2011 in the offic e chamber of the Principal Secretary, where the petitioner Shri Brahma has atten ded the hearing and expressed his grievances before the authority. In view of the circumstance as stated above, as Shri Prodip Kr Brahma, D DS has been transferred in the interest of Public Service who has been released & joined at Nalbari , his reliever Shri Bharat Ch. Deuri has also joined at Dib rugarh and hence cancellation/modification of his transferred order at this sta ge is not feasible. Therefore, after careful consideration, his representation is disposed of directing him to continue at his present place of posting at Nalb ari. Mr.Das, the learned counsel for the petitioner has urged various grounds assailing the said order dated 19.5.2011. However in view of the order that is proposed to be passed, a discussion on the aforesaid grounds is considered not n ecessary. The Principal Secretary while disposing of the said representation had taken into account only the situation, which has arisen consequent upon the tra nsfer order and had not considered any of the grounds raised by the petitioner. In the circumstances, I am of the view that though the order dated 19.5. 2011 has been described as a speaking order, the same is not a speaking order as none of the issues raised by the petitioner had been considered. In such circum stances, the aforesaid order dated 19.5.2011 is hereby set aside and quashed. Th e Principal Secretary to the Govt. of Assam, Food, Civil Supplies & Consumer Aff airs Deptt. will now consider and dispose of the representation of the petition er afresh within a period of one month from today. While disposing of the said representation the Principal Secretary will hear both the parties and in the hea ring, the parties will be at liberty to submit such grounds as may be deemed nec essary in support of their respective cases. Whatever the outcome of the said ex ercise, the same shall be communicated to the contesting parties. This disposes of the writ petition.