LAWS(GAU)-2017-9-4

T.C.TOK Vs. STATE OF ARUNACHAL PRADESH

Decided On September 20, 2017
T.C.Tok Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) Heard Mr. Jakir Hussain, learned counsel appearing for the petitioner and Mr. Kardak Ete, learned Senior Additional Advocate General, Arunachal Pradesh, assisted by Ms. Anima Mize, learned Additional Senior Government Adocate appearing for the State respondents.

(2.) Brief facts leading to filing of this writ petition is that the petitioner, herein, was appointed as Chairman, State Council for IT and e-Governance (for short 'SCITeG'), Arunachal Pradesh, in public interest, with immediate effect until further order, vide No. CAB/G-05/2014, dated 16.11.2015, by the Chief Secretary, Government of Arunachal Pradesh, with the condition that his appointment as Chairman will be in the rank of Minister of State with an honorarium of Rs. 50,000/- p.m. plus other entitlements. The said SCITeG is funded by the Government of Arunachal Pradesh and hence, it is covered under Article 12 of the Constitution of India. As per the said order, the petitioner assumed the charges of the Chairman, the Secretary, IT, Government of Arunachal Pradesh, all on a sudden issued Notification, dated 12.2.16, whereby the appointment of petitioner was withdrawn with immediate effect upon imposition of President Rule in the State of Arunachal Pradesh on receiving approval of his Excellency the Governor of Arunachal Pradesh vide U.O. No. 84, dated 12.2.2016, with immediate effect.

(3.) According to the petitioner, the SCITeG have the Memorandum of Association (MoA, for short) approved by the Government of Arunachal Pradesh.