TUBA ANGU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This writ petition has been filed, challenging the order, dtd. 12/6/2023, issued on 13/6/2023, by the Secretary, PHE and WS, Government of Arunachal Pradesh, Itanagar, vide Memo. No. SECTT./ PHE-10/97(E) Part-I/37, whereby, the petitioner, a Superintending Engineer in the Department of PHE and WS, Government of Arunachal Pradesh, has been posted as the Superintending Engineer, Sanitation State Coordinator SBMG, in modification of the earlier transfer order, dtd. 30/5/2023, issued by the Secretary, PHE and WS, Government of Arunachal Pradesh, Itanagar, on 31/5/2023, vide Memo. No. SECTT./ PHE-10/97(E)Part-I/29, whereby, he was posted as the Superintending Engineer, PHE and WS Circle, Pangin.

(2.) The facts leading to the filing of the present writ petition, briefly, stated, are as under: The writ petitioner who was working as the Superintending Engineer, Aalo Bene PHE & WS Circle, was directed to take-over the charge of the Superintending Engineer, PHE & WS Circle, Pangin, in addition to his normal charge in view of the retirement of one Shri Tamoli Takoh, Superintending Engineer, PHE & WS Circle, Pangin, on attaining the age of superannuation on 30/4/2023, vide order, dtd. 27/4/2023, issued by the Chief Engineer, PHE & WS, Government of Arunachal Pradesh, Namsai, under Memo. No. PHED-1/EZ/57/2022/60-61. Pursuant to the aforesaid order, dtd. 27/4/2023, directing the petitioner to take-over the charge of the Superintending Engineer, PHE & WS Circle, Pangin; he took-over the charge of the Superintending Engineer, PHE & WS Circle, Pangin, on 1/5/2023. While he was working as such, namely, the Superintending Engineer, Aalo Bene PHE & WS Circle, with an additional charge of the Superintending Engineer, PHE & WS Circle, Pangin; the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, had issued an order, dtd. 30/5/2023, signed on 31/5/2023, transferring and posting the petitioner from Aalo Bene PHE & WS Circle, to the PHE & WS Circle, Pangin, as Superintending Engineer, and in his place, the Respondent No. 4 who was working as the Superintending Engineer, Tezu PHE & WS Circle, was brought in. According to the petitioner, as he had already taken-over the charge of the Superintending Engineer, PHE & WS Circle, Pangin, on 1/5/2023, pursuant to the order, dtd. 27/4/2023, issued by the Chief Engineer, PHE & WS, Government of Arunachal Pradesh, Namsai, directing him to take-over the additional charge of the Superintending Engineer, PHE & WS Circle, Pangin; the petitioner continued to discharge his duty as the Superintending Engineer, PHE & WS Circle, Pangin, in terms of the order, dt. 27/4/2023, as well as in terms of the transfer and posting order, dtd. 30/5/2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31/5/2023, vide Memo. No. SECTT./PHE-10/97(E)Part-I/29. When the petitioner was working as such i.e. Superintending Engineer, PHE & WS Circle, Pangin; the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, vide yet another order, dtd. 12/6/2023, issued on 13/6/2023 under Memo. No. SECTT./ PHE-10/97(E)Part-I/37, whereby, in modification of the earlier order of transfer, dtd. 30/5/2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31/5/2023; the petitioner has been posted as the Superintending Engineer, Sanitation State Coordinator SBMG, vide Memo. No.SECTT/PHE-10/97(E)Part-I/37; the private respondent No. 4 has been posted as the Superintending Engineer, PHE & WS Circle, Pangin; and the Respondent No. 5 has been posted as the Superintending Engineer, Aalo Bene PHE & WS Circle. The petitioner, therefore, has filed this writ petition, challenging the impugned transfer order, 12/6/2023, issued on 13/6/2023, by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, contending that the earlier order of transfer, dt. 30/5/2023, issued on 31/5/2023, could not have been modified without assigning any reason and hence, the impugned modification order, dt. 12/6/2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13/6/2023, is liable to be interfered with by the Court.

(3.) Contesting the case of the petitioner; the State Respondents No. 1, 2 and 3, have filed an affidavit-in-opposition, wherein, it has been contended that the earlier order of transfer, dtd. 30/5/2023, issued on 31/5/2023, was modified on a proposal putforth by the Hon'ble Minister, PHE and WS, Government of Arunachal Pradesh, whereby, it was proposed that the writ petitioner be retained as the Superintending Engineer, Aalo Bene PHE and WS Circle, and the private respondent No. 4 be posted as the Superintending Engineer, PHE and WS Circle, Pangin, and one Shri Tony Ete, Executive Engineer, Aalo Division, be posted as the in-charge Superintending Engineer, Tezu PHE and WS Circle, which proposal, on being put up before the competent authority, was modified, thereby, posting the writ petitioner as the Superintending Engineer, Sanitation State Coordinator SBMG. The State authorities, in the affidavit-in-opposition filed, contends that it was in pursuance of the approval of the competent authority, as above, that the impugned modification order, dtd. 12/6/2023, was issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13/6/2023; posting the petitioner as the Superintending Engineer, Sanitation State Coordinator SBMG, in modification of the earlier transfer order dated, 30/5/2023. The State Respondents have also contended in the affidavit-in-opposition filed, that though the petitioner was working as the Superintending Engineer, Pangin PHE & WS Circle, in terms of the order, dtd. 27/4/2023, issued by the Chief Engineer, PHE & WS, Government of Arunachal Pradesh, Namsai, directing him to take-over the additional charge of the Superintending Engineer, PHE & WS Circle, Pangin; but, the petitioner did not join the PHE & WS Circle, Pangin, pursuant to the order, dtd. 30/5/2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31/5/2023, and therefore, the order of transfer, dtd. 30/5/2023, posting the petitioner as the Superintending Engineer, PHE & WS Circle, Pangin, was modified by the order, dtd. 12/6/2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13/6/2023, by posting the petitioner as the Superintending Engineer, Sanitation State Coordinator SBMG.