WP(C) 2388/2011 BEFORE THE HON’BLE MR JUSTICE AMITAVA ROY Heard Mr. A. Ahmed, learned counsel for the petitioner, Mr. M.U. Mahmud, learned Standing Counsel, Election Commission of India and Mr. B.J. Ghosh, learned Stat e counsel. For the order which is proposed to be passed, it is not necessary to issue forma l notice. Briefly stated the facts necessary for disposal of the instant petiti on are that the petitioner who is presently serving in the rank of Assistant Con servator of Forests in the Environment & Forest Department, Govt. of Assam had b een, by notification dated 09.03.2010 transferred in the said capacity in the Of fice of the Conservator of Forests, Central Assam Circle, Guwahati. By the noti fication dated 02.04.2011 pursuant, the Election Commission guidelines and also in the interest of public service as mentioned therein he (petitioner) was again transferred to the Office of the Divisional Forest Officer, Jorhat Division. B eing aggrieved the petitioner, meanwhile, has submitted a representation before the Chief Electoral Officer, Assam with a copy to the Principal Secretary, Govt. of Assam, Forest & Environment Department. While contending that having regard to the fact that the home district of the pe titioner is Dibrugarh and that he had been posted at the present place i.e. at G uwahati only on 09.03.2010, he could by no means be transferred by the impugned notification, Mr. Ahmed has submitted that as his (petitioner’s) representation has not yet been disposed of, this petition may be closed with a direction to do so within a fixed timeframe. The learned counsel for the respondents have no o bjection, provided the representation is pending before the appropriate authorit y. Having regard to the fact that the impugned notification dated 02.04.2011 had b een issued by the Secretary to the Govt. of Assam, Environment & Forest Departme nt, Dispur, Guwahati, it is considered appropriate that the petitioner submits a representation before this authority for the needful as desired by him. Mr. Ah med on instructions submits that the petitioner inspite of the impugned order of notification has not yet been released from his present place of posting. On a consideration of all the above, this petition stands closed leaving the pet itioner at liberty to file a fresh representation on the issue before the Secret ary to the Govt. of Assam, Environment & Forest Department, Dispur, Guwahati, la test by 09.05.2011 ventilating his grievance. If the same is done, the concerne d authority would consider and dispose of his representation within a period of one week therefrom. Needless to say the decision so taken, would be communicated in writing to the p etitioner forthwith thereafter. No costs.