MAHESH CHANDRA GUPTA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This judgment and order of ours would dispose of the Writ Petition (C) No.892(AP)/2001, Writ Appeal No. 341/2001, Writ Appeal No. 343/2001 as well as the Misc. Case No. 161/2001.

(2.) The brief facts for the disposal of these cases may be noted. On 25/7/2001 the appellant Sri Mahesh Chandra Gupta, appellant in Writ Appeal No. 341/2001, who was working as Agronomist at Tawan was ordered to be transferred as Deputy Director (Plant Protection) under the Directorate of Agriculture, Naharlagun vice Sri Jombom Padu, the petitioner in Writ Petition (c) No. 892 (AP)/2001, on 26.07.2001 the writ petitioner Jombom Padu was relieved from Naharlagun and the appellant Mahesh Chandra took over on 30.7.2001 at his new place of posting. However, on 26/27.07.2001 the writ petitioner Jombom Padu (who is respondent No. 3 in W.A. No. 341/2001) made representation against his transfer. Since nothing was heard regarding the representation Sri Jombom Padu filed a writ petition in this Court being W.P.(C) No. 524/2001. It may be observed here that the appellant in Writ Appeal No. 341/2001, Shri Mahesh Chandra Gupta was not made a party in Writ Petition (C) No. 524/2001. On 1/8/2001 the writ petition was disposed of by a learned Single Judge of this Court. No interference was made with the order of transfer. However, a direction was given that the representation of the writ petitioner dated 26/27.07.2001 be decided within seven days. On 14.08.2001 the representation of the writ petitioner Jombom Padu was rejected by a speaking order running into about 5 typed pages. In other words, the order of transfer dated 25.07.2001 was affirmed. Thereafter, the Writ Petition (C) No. 892(AP)/2001 was filed on 17.08.2001 by the writ petitioner Jombom Padu at Itanagar Bench and on the same very day an order was passed staying operation of the transfer order dated 25.07.2001. The appellant Mahesh Chandra Gupta was not made a party by the writ petitioner. However, by an order of the Court he was impleaded as respondent. In the order dated 17.08.2001 it was mentioned by the learned Judge that even if Shri Mahesh Chandra Gupta had joined at the new place of posting, he would be reverted back to his original place of posting. It is against the interim order dated 17.08.2001 that two separate appeals No. 341/2001 and 343/2001 have been filed by Shri Mahesh Chandra Gupta and the State Government respectively.

(3.) By order of this Court dated 28.11.2001 passed in Misc. Case No. 161/2001 arising out of Writ Appeal No. 341/2001, we had sent for the original Writ Petition (C) No. 892/2001 so that the same may also be disposed of along with the appeals. While admitting the appeal the operation of the order dated 17.08.2001 was stayed by the Motion Bench of 6/9/2001 and the same order with repeated on 14/9/2001 in Writ Appeal No.343/2001. The Misc. Case No. 161/2001 has been filed for vacating the stay order granted by this Court on 06.09.2001.