DUBOM BAGRA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India, petitioner has challenged the validity of order dated 11.4.2013 issued by the Secretary (H & FW), Government of Arunachal Pradesh. Brief facts of the case arising from the writ petition, the affidavit-in-opposition, affidavit-in-reply and additional affidavit filed by the petitioner and respondents are as follows:-

(2.) Having obtained a copy of the said order dated 11.4.2013 and finding therein that respondent No. 3 was allowed to be retained at Pasighat till further order by the Secretary (Health & FW), Government of Arunachal Pradesh on the basis of U. note dated 11.4.2013, the petitioner asked for the said U. note taking recourse to the Right to Information Act and got the same. The said U. note is available at Annexure-8 of the writ petition. On being asked, learned counsel for the parties informed the Court that U. note means unofficial note. The said note is filed by three persons, namely, Minister of Industries, Government of Arunachal Pradesh, Minister of Education, Government of Arunachal Pradesh and Chairman, Pollution Control Board, Arunachal Pradesh, who expressed surprise for transfer of the Respondent No. 3 without their knowledge and urged the Chief Minister to retain the Respondent No. 3 at Pasighat till 2014 general election by passing order 'on the body' of their note. The Chief Minister approved the retention till further order and issued direction for passing order to that effect. This is how the Annexure-6 of the writ petition (impugned order dated 11.4.2013) came to be issued.

(3.) Learned counsel for the petitioner, Mr. K. Jini has made the following submissions:-