1. This order will dispose of both WP(C) Nos.6994/2015 and 7456/2015 since both the cases are inter-linked. 2. As a matter of fact, WP(C) No.6994/2015 was earlier disposed of by order, dated 20.11.2015. However, the Division Bench, by order, dated 7.12.2015, passed in WA No.368/2015 had set aside the order, dated 20.11.2015, remanding the matter for fresh decision in accordance with law. While so remanding the matter, it was directed that status quo as on the date of passing the appellate order, i.e., 7.12.2015, should be maintained by the parties. 3. WP(C) No.6994/2015 has been filed by Shri Tarun Chandra Kalita wherein Shri Basundhar Deka is the respondent No.4. On the other hand, Shri Basundhar Deka is the petitioner in WP(C) No.7456/2015 and respondent No.4 in that case is Shri Tarun Chandra Kalita. 4. Matter relates to transfer and posting of Upper Divisional Assistant (UDA) under the establishment of respondent No.3 i.e., Additional Chief Medical and Health Officer (FW), Darrang. 5. A short recital of the facts may be useful for adjudication of the case. 6. For the sake of convenience, Shri Tarun Chandra Kalita may be referred to as the petitioner and Shri Basundhar Deka may be referred to as respondent No.4. 7. Petitioner was serving as UDA in Patharighat RFWC (Main Center) under the establishment of Additional Chief Medical and Health Officer (FW), Darrang. It appears that one Shri Binod Bora, UDA in the said office, was retiring on 30.9.2015. In view of the anticipated vacancy following such retirement, petitioner submitted a representation before the Director of Health Services (FW), Assam, for his transfer from Patharighat RFWC (Main Center) to District Family Welfare Bureau (DFWB), Darrang. This representation was made on 18.8.2015. 8. Director of Health Services (FW), Assam, issued an order, dated 3.10.2015, transferring the petitioner in the same capacity and posting him in the vacant post of UDA at DFWB, Darrang, following retirement of aforesaid Shri Binod Bora. 9. It is stated that to enable the petitioner to join his new place of posting, he was released at Patharighat on 5.10.2015. 10. According to the petitioner, when he went to join in his new place of posting, he was not allowed to join. 9. It is stated that to enable the petitioner to join his new place of posting, he was released at Patharighat on 5.10.2015. 10. According to the petitioner, when he went to join in his new place of posting, he was not allowed to join. He came across an order, dated 8.10.2015, passed by the Additional Chief Medical and Health Officer (FW), Darrang, posting the petitioner against the vacant post of UDA at Mangaldoi Civil Hospital in the Post Partum Center in place of one Shri Bangshidhar Chaliha already transferred. The order, dated 8.10.2015, discloses that the post of UDA in the establishment of Additional Chief Medical and Health Officer (FW), Darrang, was already filled up by the senior-most UDA, i.e., respondent No.4, pursuant to order, dated 29.9.2015. At this stage, a brief reference may be made to the order, dated 29.9.2015 (sic). It is seen that the said order is actually dated 30.9.2015 and was issued by the Additional Chief Medical and Health Officer (FW), Darrang. As per the first part of the said order, respondent No.4, Accountant in the said office, was transferred as UDA in the vacancy which occurred due to retirement of Shri Binod Bora and as per second part of the said order, one Shri Bangshidhar Chaliha, UDA in the Mangaldoi Post Partum Center attached to Mangaldoi Civil Hospital was transferred to and posted as Accountant in place of respondent No.4. 11. Petitioner submitted representation, dated 8.10.2015, before the Director stating that he was not being allowed to join at DFWB despite his transfer in view of order dated 7.10.2015 of the Additional Chief Medical and Health Officer (FW), Darrang posting the petitioner in the Post Parrum Centre of Mangaldoi Civil Hospital as the post of UDA in his office was filled up by respondent No.4. Director of Health Services (FW), Assam, thereafter passed the order, dated 16.10.2015, declaring that the order, dated 7.10.2015, passed by Additional Chief Medical and Health Officer (FW), Darrang, stood cancelled and the transfer order of the petitioner, dated 3.10.2015, would remain in force. 12. While petitioner has filed WP(C) No.6994/2015 for enforcement of the transfer order, dated 3.10.2015 in view of the subsequent order of the Director, dated 16.10.2015, legality and validity of the order, dated 16.10.2015, has been assailed in WP(C) No.7456/2015 filed by the respondent No.4. 13. 12. While petitioner has filed WP(C) No.6994/2015 for enforcement of the transfer order, dated 3.10.2015 in view of the subsequent order of the Director, dated 16.10.2015, legality and validity of the order, dated 16.10.2015, has been assailed in WP(C) No.7456/2015 filed by the respondent No.4. 13. WP(C) No.6994/2015 was initially allowed by this court on 20.11.2015 by taking note of the fact that since the order, dated 7.10.2015, was cancelled by the Director by his order, dated 16.10.2015, with the clarification that initial transfer of the petitioner, dated 3.10.2015, would remain in force, this court took the view that there was no impediment to enforcement of the initial transfer order of the petitioner and accordingly had directed the respondents to allow the petitioner to join in his transferred post in terms of the order, dated 3.10.2015, within seven days. 14. As noticed above, the said order has been set aside by the Division Bench and on remand, case is being heard afresh. 15. Mr. Singha, learned counsel for the petitioner, submits that Additional Chief Medical & Health Officer (FW), Darrang, does not want that the petitioner should handle certain files in the DFWB office and, therefore, to frustrate posting of the petitioner in the said office, impugned order, dated 7.10.2015, has been passed. Since Director has passed the order, dated 16.10.2015 whereby the order dated 7.10.2015 has been cancelled, petitioner should be allowed to join the transferred post. 16. Mr. M.K. Choudhury, learned senior counsel for respondent No.4, submits that firstly petitioner had suppressed the fact about passing of the order dated 30.9.2015 whereby respondent No.4 was transferred to and posted as UDA in the office of the Additional Chief Medical and Health Officer (FW), Darrang despite having knowledge about the same since this is evident from the order dated 7.10.2015 itself. For suppression of such vital fact, petitioner is not entitled to any discretionary relief from the court, he submits. For suppression of such vital fact, petitioner is not entitled to any discretionary relief from the court, he submits. He further submits that from a perusal of the order dated 16.10.2015 as well as from the previous orders, it would be evident that hon'ble Minister, Industries and Commerce, Public Enterprises, Fisheries, etc, Government of Assam, and hon'ble Minister, Health and Family Welfare Department, Government of Assam, had taken undue interest in the transfer and posting of the petitioner and respondent No.4 and it was because of their interference that the orders, dated 3.10.2015 and 16.10.2015, came to be passed. He further submits that in view of the status quo order, respondent No.4 is serving as UDA in DFWB, Darrang. 17. Mr. J.M.A. Choudhury, learned standing counsel, Health Department, has produced the record and submits that Director of Health Services (FW) being the Head of the Department is competent to pass orders of transfer and posting of subordinate employees. 18. Submissions made by learned counsel for the parties have received the due consideration of the court. Also perused the record produced by learned standing counsel, Health Department. 19. Before adverting to the rival submissions, it would be apposite to peruse the record produced by the learned standing counsel, Health Department. Record discloses that Smt. Meera Kalita, wife of petitioner, had submitted a representation dated 30.9.2015 before the hon'ble Minister, Health and Family Welfare Department, Assam, for transferring her husband from Patharighat to DFWB, Darrang. There is an endorsement of the hon'ble Minister to the Director of Health Services (FW) on 1.10.2015. The record also discloses that a letter was written by hon'ble Minister, Industries and Commerce, Fisheries, Water Resources, etc., to the Director of Health Services (FW) on 21.9.2015 directing that petitioner should be transferred from Patharighat to the office of Additional Chief Medical and Health Officer (FW), Darrang, against the post which would fall vacant due to superannuation of Shri Binod Bora on 30.9.2015. It appears that this led to passing of the transfer order of the petitioner, dated 3.10.2015. In the said order, there is a clear reference to the letter of the Industries and Commerce Minister dated 21.9.2015 and the endorsement of the Health Minister, dated 1.10.2015. 20. The events which unfolded thereafter have already been noted above 21. It appears that this led to passing of the transfer order of the petitioner, dated 3.10.2015. In the said order, there is a clear reference to the letter of the Industries and Commerce Minister dated 21.9.2015 and the endorsement of the Health Minister, dated 1.10.2015. 20. The events which unfolded thereafter have already been noted above 21. Even in the order dated 7.10.2015 passed by Additional Chief Medical and Health Officer whereby petitioner was posted in Mangaldoi Civil Hospital, a reference is made to the telephonic instruction of hon'ble Minister, Industries and Commerce Department for posting of the petitioner. Copy of the said order was also marked to the Private Secretary of the Minister for his appraisal. 22. A perusal of the order dated 16.10.2015 would go to show that subsequent letters were issued by the Industries and Commerce Minister on 1.10.2015 and by the Health Minister on 7.10.2015. 23. It is indeed surprising that for transfer and posting of an UDA in a subordinate establishment like that of the Additional Chief Medical and Health Officer, letters and telephonic instructions have to be issued by two hon'ble Ministers of the State. As noticed from the record, wife of the petitioner had approached the Health Minister seeking transfer of the petitioner. 24. While public representatives like local MLAs and Ministers certainly can ventilate grievances of the public relating to conduct of Government servants posted in their respective areas, Government servants approaching MLAs, Ministers and other high authorities for their transfers and postings cannot be justified. A Government servant in a Government Department or organization works in a hierarchy and it will be disastrous for office discipline if subordinate employees bring about political and other influence upon their superior administrative authorities for furthering their interest. Such a situation cannot be countenanced. 25. As a matter of fact, rule 22 of the Assam Civil Services (Conduct) Rules, 1965, clearly provides that no Government servant shall bring or attempt to bring any political or other influence to bear upon any superior authority to further his interest in respect of matters pertaining to his service under the Government. 26. In Baikuntha Konch v. State of Assam, WP(C) No.1319/2015 disposed of on 28.5.2015, this court held as follows : "26. 26. In Baikuntha Konch v. State of Assam, WP(C) No.1319/2015 disposed of on 28.5.2015, this court held as follows : "26. This court in a recent decision dated 7.4.2015 in WP(C) No. 6513/2014 (Purnima Hazarika v. State of Assam and Ors.), which was a case relating to transfer and posting of Child Development Project Officers in the Social Welfare Department, had observed that Government servants approaching politicians or public representatives in connection with their service related grievance is not permissible under the Assam Civil Services (Conduct) Rules, 1965. Under rule 22 of the said Rules, no Government servant shall ° bring or attempt to bring any political or other influence to bear upon any superior authority to further his interest in respect of matters pertaining to his service under the Government. Violation of rule 22 of the said Rules would amount to misconduct under the Service Rules. In the said case it was held as under : "12. Ministers and MLAs, or for that matter the Deputy Speaker, being public representatives, can certainly convey the grievance of the public relating to transfer and posting of public servants before the departmental authorities as well as before the Minister-in-charge, which is a part of the democratic polity and no fault can be found in the ventilation of public grievance by the public representatives. But what is disturbing as can be seen from the relevant file is that both the 2 writ petitioners, being Government servants, had bypassed the lawful service hierarchy in the Department and had sought interference of the Deputy Speaker, Minister and ML A unconnected with the Department to further their service interest. 13. Public approaching the public representatives ventilating their grievance regarding posting of Government servants or for such other matters is one thing and serving Government servants approaching politicians or public representatives in connection with their service related issues is altogether another thing. 14. In the Assam Civil Services (Conduct) Rules, 1965, which deals with conduct of Government servants, a Government servant has been defined to mean any person appointed by the Government to any civil service or post in connection with the affairs of the State. 14. In the Assam Civil Services (Conduct) Rules, 1965, which deals with conduct of Government servants, a Government servant has been defined to mean any person appointed by the Government to any civil service or post in connection with the affairs of the State. Under rule 22 of the Assam Civil Services (Conduct) Rules, 1965, no Government servant shall bring or attempt to bring any political or other influence to bear upon any superior authority to further his interest in respect of matters pertaining to his service under the Government. 15. When one is in Government service he or she has to maintain and respect the hierarchy of the service. The same cannot be bypassed or attempted to be broken by bringing in political or any outside influence. Approaching politicians and using their power and position to influence decision-making of the higher authorities will certainly amount to breach of conduct under the aforesaid Rules. 16. This is an aspect which the respondents may consider and issue general notification so that it is made clear to the Government servants that bringing any political or outside influence to influence decision-making in the Department is not acceptable and would be construed as a breach of conduct and discipline. In this connection, respondents may take up the matter with the Personnel Department or such other Department as may be considered necessary." 27. As can be seen from the above, this court had observed that the Social Welfare Department should take up the matter with the Personnel Department or such other Department as may be considered necessary to take necessary steps to stop this malady. It is not known at to what steps have been taken by the Social Welfare Department. Since the matter has again come to the notice of the court, the Panchayat and Rural Development Department should take up the matter with the Personnel Department to consider issuing general notification to make it clear to the Government servants that bringing any political or outside influence to influence decision-making in the Department would be construed as an act of misconduct." 27. From the sequence of events, it is evident that petitioner's transfer has been effected because of relentless pressure exerted by two powerful political personalities. Petitioner is a subordinate employee working under the Additional Chief Medical and Health Officer. From the sequence of events, it is evident that petitioner's transfer has been effected because of relentless pressure exerted by two powerful political personalities. Petitioner is a subordinate employee working under the Additional Chief Medical and Health Officer. If a subordinate employee exerts such political pressure on his administrative head, it can be well imagined the impact it will have on the office administration and discipline. The Health Department should also take up the matter with the Personnel Department for issuance of circular/notification making it clear to the Government servants that bringing any political or outside pressure to influence decision-making in the Department would amount to a misconduct. 28. In the light of the above discussion, this court finds no justification for issuance of the orders, dated 3.10.2015 and 16.10.2015. 29. Accordingly, both the orders are hereby set aside and quashed. Needless to say, consequent upon quashing of the aforesaid orders, the order dated 7.10.2015 passed by the Additional Chief Medical and Health Officer (FW), Darrang, would hold the field. 30. In the result, WP(C) No.6994/2015 is dismissed and WP(C) No.7456/2015 is allowed. 31. Record produced by Mr. J.M.A. Choudhury is returned back. 32. No costs. -