TANA KAYA TARA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T. Pertin, learned counsel for the petitioner. Also heard Mr. B.L. Singh, learned Sr. Govt. Advocate on behalf of all the State respondents.

(2.) The petitioner was transferred as Executive Engineer (Electrical) to Bomdila Electrical Division on 31/10/03 and pursuant to the said transfer order the petitioner is serving in the said capacity at Bomdila till date. The respondent authorities in violation of the existing policy of transfer, before completion of the normal tenure, transferred the petitioner from Bomdila to Kurung Kumey Division vide order dated 04/01/05. The petitioner challenged the said order of transfer in W.P. (C) No. 149 (AP) 2005. This Court after hearing the counsels for the parties thought it fit to send back the case to the Departmental Authorities for consideration of the representation filed by the petitioner which was pending before them and accordingly, vide order dated 3.03.05 passed an order to that effect and the authorities were directed to dispose of the said representation within a period of two (2) weeks further mentioning that within the period of two (2) weeks, posting of the petitioner should not be disturbed. Thereafter the authority passed an order on 11/04/05 by which the transfer order of the petitioner posting him at Kurung Kumey was modified and he was posted at Pasighat as Executive Engineer (Planning), APEC-II. On the same day an order was also passed on the representation of the petitioner, but the said order was issued on 12/04/05. By the said order the representation of the petitioner was rejected inter alia on the ground that the Government had to consider the case of transfer of the petitioner from Bomdila Division on receipt of certain complaint against the petitioner from the people of the different areas of the District. It has also been stated that three (3) elected representatives of the Kurung Kumey district also objected the posting of petitioner at Kurung Kumey Electrical Division and on such consideration; the authority did not find it desirable to review the transfer order of the petitioner. On passing of the aforesaid order the facts remains that the petitioner was transferred from Bomdila as Executive Engineer (Planning) to Pasighat. The said order had been challenged by the petitioner in this writ petition. In the writ petition the petitioner has annexed the finding of the investigation conducted on the allegations made against the petitioner regarding his affairs at Bomdila as referred to above which was made by the Deputy Commissioner, Bomdila. After detailed discussion on the said allegations, the Deputy Commissioner in the concluded part of the findings held as follows:

(3.) While the case was listed for motion hearing on 19.04.05, this Court felt it necessary to go through the relevant records and accordingly on being directed, the learned Sr. Government Advocate has produced the relevant records today.