ER. OKOM SIRAM Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. I. Choudhury, learned senior counsel, assisted by Mr. S. Biswakarma, learned counsel for the appellant. Also heard Ms. R. Basar, learned Government Advocate for the State respondent no. 1, Mr. L. Perme, learned standing counsel for the Power Department and Mr. P.K. Tiwari, learned senior counsel, assisted by Mr. K. Saxena, learned counsel for the respondent no.3. None appears on call for the respondent no.4.

(2.) By filing this intra court appeal, the appellant has assailed the judgment and order dtd. 29/7/2022 passed by the learned Single Judge of this Court in WP(C) 215(AP)/2022. The appellant is the writ petitioner and by the impugned order the said writ petition was dismissed.

(3.) In brief, the case of the appellant is that he is presently working as an Executive Engineer (Electrical) in the Department of Power in the State of Arunachal Pradesh. It is the admitted case of the appellant that on 4/9/2019, he was transferred and posted as Executive Engineer (Planning) in the office of the Chief Engineer (Planning), Central Electrical Zone, Itanagar. He had completed the normal tenure posting of two years on 3/9/2021. On 17/3/2022, the respondent no.3 was transferred from Roing Head Quarter to Yatdam Electrical Division and it is projected that the respondent no.3 had merely completed 9(nine) months of posting at Roing Head Quarter. It is further projected that having realized that the transfer of respondent no.3 was in violation of the Government policy of a minimum tenure of posting of two years, by another transfer order dtd. 28/3/2022, the appellant was transferred to Yatdam Electrical Division. The said order dt. 28/3/2022 was challenged by respondent no.3 by filing WP(C) 129(AP)/2022 and this Court by judgment and order dtd. 26/4/2022 disposed of the writ petition by setting aside the transfer order dtd. 28/3/2022 by directing the Commissioner (Power) to revisit the issue of transfer of the appellant and respondent no.3 strictly in accordance with the departmental norms and Service Rules without being influenced by notes, if any, circulated by any political persons, whomsoever and it was directed that the said exercise shall be undertaken within a period of 4(four) weeks from the date of receipt of certified copy of the order. The respondent no.2 by an order dtd. 14/6/2022, transferred the respondent no.3 to Yatdam Electrical Division and the appellant was transferred to Pasighat.