OBUK MIZE Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T. Jamoh, learned counsel for the petitioner, Ms. G. Deka, learned Addl. Senior Govt. Advocate, for official respondents and Mr. R. Saikia, learned counsel appearing for respondent No. 2.

(2.) The petitioner challenges the order dated 28.01.2009 (Annexure-V to the writ-petition) whereby the earlier transfer & posting issued vide Order No. FISH/E(TP)458/2004(Pt) dated 19.11.2008 has been cancelled and the present petitioner has been again posted at the earlier place of posting at Yingkiong and directed to be released from Bomdila vice respondent No. 2 retained at Bomdila.

(3.) The pleaded case of the petitioner is that by an order dated 19.11.2008, he was transferred from Yingkiong, Upper Siang District, to Bomdila, West Kameng District, vice Sri Kenbom Chisi, respondent No.2. The petitioner was released from Yingkiong, Upper Siang District, by the Deputy Commissioner, Upper Siang District, on 02.12.2008 and he joined at Bomdila on 05.12.2008 in pursuance of the aforesaid transfer order dated 19.11.2008. Upon his joining at Bomdila, the petitioner found that the respondent No. 2 was not willing to hand-over the charges to him and as such, he took over the charges unilaterally on 07.01.2009 vide Certificate of Transfer of Charges (Annexure-III to the writ-petition) and accordingly, he has been working as District Fisheries Development Officer (D.F.D.O.) at Bomdila. Subsequent to this, the respondent No. 2 filed a writ-petition being WP (C) 480(AP)2008 challenging the transfer order dated 19.11.2008 on 12.12.2008. This Court, by order dated 19.12.2008, issued notice of motion providing that the prayer for interim order shall be considered on the returnable date and the respondent authorities in the meantime, may consider and dispose of the representation, if any, filed by the petitioner (respondent No. 2 herein). In compliance to the above order, the respondent No. 1 considered the representation of Sri Kenbom Chisi and passed the impugned order dated 28.01.2009 retaining the respondent No. 2 at Bomdila and releasing the present petitioner therefrom with direction to report at Yingkiong.