WP(C) 4905/2010 BEFORE HON’BLE MR. JUSTICE A C UPADHYAY Heard Mr. B. Bhoudhury, learned counsel appearing for the petitioner as well as Mr. S.K. Das, learned Standing Counsel, Education Department, Govt. of Assam app earing for the official respondents. Facts, leading to the filing of this writ petition, may be summarized, as follow s: The petitioner was appointed as Assistant Teacher of Simaluguri L.P. School, whi ch was confirmed vide order dated 26.08.1999. On 12.05.2010, the petitioner was informed that he has been suspended from his service vide order dated 05.03.2010 for remaining absent from the school on 04.03.2010. The petitioner has submitte d that on 04.03.2010 he was available in the school campus, however, as he was s uffering from stomach ailment, he had to frequently go to the bathroom and at th e relevant time while he was in the bathroom, the Inspector of Schools did not f ind him during his inspection. It is submitted on behalf of the petitioner that for such temporary absence to attend natures call the petitioner was put under s uspension. However, after submission of representation by the petitioner, the pe titioner was reinstated in the service, but on reinstatement, he was transferred to Hathkulaa Basti L.P. School, which is situated about 40 KMs away from his re sidence. Learned counsel for the petitioner also submitted that the impugned tra nsfer order has been issued to the petitioner with malafide intention without ho lding departmental enquiry whatsoever. Considering the facts and circumstances of the case and also after hearing the l earned counsel appearing for the parties, I am of the considered view that for e nds of justice this writ petition deserves to be disposed of with a direction to the petitioner to submit an appropriate representation against the transfer ord er issued by the respondent No.3 by detailing all the reasons. In the event of f iling such representation by the petitioner, the Director, Elementary Education, Govt. of Assam shall consider such representation and pass necessary orders in accordance with law. It is made clear that till disposal of the representation so submitted by the pe titioner, the impugned transfer order issued by the respondent No.3, shall not b e given effect. However, the petitioner is allowed seven days time from today to submit his repr esentation against the impugned transfer order aforesaid. And the representation so submitted by the petitioner shall be disposed of within a period of one mont h from the date of receipt of certified copy of this order alongwith the represe ntation of the petitioner. With the above observation and direction, this writ petition stands disposed of.