HAGE TUNGKA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. Das, the learned Senior Counsel assisted by Mr. K. Mohammad, the learned counsel appearing on behalf of the petitioner. Mr. S. Tapin, the learned Government Advocate, Arunachal Pradesh appears on behalf of the respondent No. 1; Mr. T.J. Mahanta, the learned Senior Counsel, who is also the Standing Counsel of the Gauhati High Court, Principal Seat assisted by Mr. A. Baruah, the learned counsel appears on behalf of the respondent No. 2; Mr. M. Pertin, the learned Senior Counsel who is also the Standing Counsel of the Gauhati High Court, Itanagar Permanent Bench assisted by Mr. M. Pertin, the learned counsel appears on behalf of the respondent Nos. 3 and 4; Mr. S.R. Rabha, the learned Standing Counsel appears on behalf of the respondent No. 5.

(2.) The present proceedings raises an important question of law on the aspect, as to whether, a member of the Ministerial Staff of the District Judiciary can be allowed to go on deputation by the District and Sessions Judge without the approval and prior information of the High Court.

(3.) The petitioner herein was appointed to the post of Peshkar vide an order dtd. 21/12/2015, pursuant to a selection made by the Recruitment Cell of the Gauhati High Court, on the basis of an advertisement dtd. 18/7/2013. The petitioner was posted in the Establishment of the learned Court of the Chief Judicial Magistratecum-Civil Judge (Senior Division), Aalo, West Siang District (hereinafter referred to as, "CJM, Aalo").