Er. Gungli Lao Tagang v. State of Arunachal Pradesh & 2 Ors.
2016-10-19
AJIT SINGH, UJJAL BHUYAN
body2016
DigiLaw.ai
Ajit Singh; CJ.:-- Mr.BD Deka and Mr.PMahanta, learned counsel for the appellant, Mr.BD Goswami, learned Additional Advocate General, Arunachal Pradesh assisted by Mr. NNB Choudhury, learned Senior Government Advocate for the State of Arunachal Pradesh. Heard on admission. This appeal is directed against the interlocutory order dated 4.10.2016 passed by the learned Single Judge of this High Court in WP(C) No. 534(AP) 2016, whereby he has stayed the operation of order dated 15.9.2016 regarding retention of appellant and subsequent transfer order dated 16.9.2016 of Respondent No. 3. Respondent No. 3 is an Assistant Engineer (Electrical) in the Department of Power, Arunachal Pradesh. Vide order dated 6.9.2016, he was transferred from Doimukh Sub-Division to Capital Electrical Sub-Division-I, Itanagar in place of appellant. By the same order, appellant, who is also an Assistant Engineer (Electrical), was transferred to Arunachal Pradesh Electrical Circle -V at Ziro. In compliance of order dated 6.9.2016, Respondent No. 3 sincerely joined the Office of Capital Electrical Sub-Division-I, Itanagar. But by a subsequent order dated 15.9.2016, Commissioner (Power) (Respondent No. 2) partly modified the transfer order dated 6.9.2016 to the extent that appellant be retained as Assistant Engineer (Electrical), Capital Electrical Sub-Division-I, Itanagar. And again by another order dated 16.9.2016,Commissioner (Power) transferred Respondent No. 3 from the office of Central Electrical Sub-Division-I, Itanagar to Tali Electrical Sub-Division. Aggrieved, Respondent No. 3 has filed WP(C) No. 534(AP)2016, in which, notices have been issued by the learned Single Judge and the same is fixed for further hearing on 8.11.2016. The learned Single Judge by the impugned order, has also stayed the operation of both the aforesaid orders dated 15.9.2016 and 16.9.2016 on the ground that they have been made at the behest of Ministers of different Departments (not of Department of Power) and Speaker of the State. It is in this background, the appellant has filed the present appeal. It is argued on behalf of the appellant that his transfer from Capital Electrical Sub-Division-I, Itanagar has been cancelled on administrative reasons, because his services are required for completion of an important Project. It has also been argued that the appellant has undergone special training relating to the Project. As already seen above, the matter is yet to be adjudicated finally by the learned Single Judge and the date for further hearing is fixed on 8.11.2016.
It has also been argued that the appellant has undergone special training relating to the Project. As already seen above, the matter is yet to be adjudicated finally by the learned Single Judge and the date for further hearing is fixed on 8.11.2016. Needless to mention that the learned Single Judge is expected to finally decide the writ petition on an early date, after hearing the appellant, the Department as well as Respondent No. 3. For these reasons, we decline to interfere with the impugned order dated 4.10.2016 passed by the learned Single Judge. Writ Appeal is dismissed.