WP(C) 3749/2011 BEFORE THE HON’BLE MR JUSTICE I. A. ANSARI Heard Mr. N. K. Barua, learned counsel for the petitioner, and Mr. N. Rajkhowa, learned Standing Counsel, Education Department, appearing for respondent Nos.1, 2 and 3. Heard also learned counsel for the parties appearing before me on the prayer for interim direction, which the petitioner has made. In this regard, it is notewor thy that the petitioner was, on his promotion as Block Elementary Education Offi cer, posted, by order, dated 5.5.2011, to Paschim Nalbari. However, in about two months’ time, and to be precise, on 14.7.2011, the petitioner has, again, been transferred, as Block Elementary Education Officer, Amguri, under Sivasagar dist rict, and he has been, by order, dated 14.7.2010 aforementioned, sought to be re placed by the respondent No.4, who is still Senior SI of Schools. The relevant r ecords have been produced by the learned Standing Counsel and the same on perusa l reveals that a note was put up with the proposal of transfer of the present pe titioner to Amguri under Sivasagar district and also proposing his replacement b y the respondent No.4. According to the note, as the record reveals, this propos al has been initiated at the instance of the Minister of Agriculture and not the concerned Minister of the Department of Education. There is also nothing, in th e record, to show as to why this decision was taken by the Minister. In such cir cumstances, it is impossible not to stay the operation of the impugned transfer order, dated 14.7.2011. What is, now, important to note is that pursuant to the impugned transfer order, the petitioner has also made a representation, on 18.07.2011, addressed to the respondent No1, namely, Commissioner and Secretary to the Govt. of Assam, Educat ion (Elementary) Department, and it would not be appropriate, on the part of thi s Court, to allow two parallel enquiries to run together. Considering, therefore, the matter in its entirety and in the interest of justic e, respondent No.1, namely, Commissioner and Secretary to the Govt. of Assam, Ed ucation (Elementary) Department, is hereby directed to dispose of the petitioner ’s representation, dated 18.7.2011, by making a speaking order and till the time the petitioner’s representation, as directed hereinbefore, is disposed of, the operation of the impugned transfer order, dated 14.7.2011, shall remain suspende d. Whatever decision(s) is/are reached by the respondent No.1, namely, Commissio ner and Secretary to the Govt. of Assam, Education (Elementary) Department, and/ or whatever order(s) is/are passed, the same shall be communicated, in writing, to the petitioner. If the petitioner feels aggrieved by the decision(s), which may be reached, or the order(s), which may be passed by the respondent No.1, nam ely, Commissioner and Secretary to the Govt. of Assam, Education (Elementary) De partment, the petitioner shall remain at liberty to take recourse to such provis ions of law as may be permissible. With the above observations and directions, this writ petition shall stand dispo sed of. Let the records produced by the learned Standing Counsel, Education Department, be returned. Let a copy of this order be furnished to the learned Standing Counsel, Education Department.