ASI CY SAKUTEMSU AO, WHQ, KOHIMA, NAGALAND Vs. STATE OF NAGALAND
LAWS(GAU)-2018-4-75
HIGH COURT OF GAUHATI
Decided on April 06,2018

Asi Cy Sakutemsu Ao, Whq, Kohima, Nagaland Appellant
VERSUS
STATE OF NAGALAND Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. Tongpok Pongener, learned counsel for the petitioner. No one appears for the respondents.
(2.) The petitioner's case in brief is that the petitioner was initially appointed as a Constable in the Nagaland Police and has been subsequently promoted to the post of ASI. The petitioner is aggrieved by the transfer order dated 7/4/2016 issued by respondent No.5, by which the petitioner has been transferred from WHQ Kohima to DEF Mon and in his place one Ranjit, ASI has been transferred from DEF Mon to WHQ Kohima. The petitioner has challenged the impugned transfer order dated 7/4/2016 on 2 grounds. Firstly, due to the malafides on the part of the respondent No.5 and secondly, on the ground that there could not have been any delegation of power by Director General of Police (DGP) to the IGP (Communication) to transfer the petitioner, as there is nothing mentioned in the Nagaland Police Telecommunication Organization Subordinate Service Rules, 2013(hereinafter after referred to as 2013 Rules) with regard to the power of transfer.
(3.) The petitioner's counsel submits that a number of ASIs had filed W.P.(C) No.40(K)/2016 in this Court praying for filling up vacant posts of SI by implementing the 2013 Rules, which was subsequently amended in 2014. The petitioner along with others had filed W.P.(C) No.40(K)/2016 on the ground that though the petitioner and others were to be promoted to the post of SI as the post of ASI had been abolished, 19 vacant posts of SIs had been filled up by way of backdoor appointments. The petitioner's counsel submits that prior to filing W.P.(C) No.40(K)/2016, the petitioner had submitted representations to the respondent No.5, which the State respondents have not considered till date. The learned counsel for the petitioner, in support of his submissions, has relied upon the judgments of the Apex Court in the case of Marathwada University vs Seshrao Balwant Rao Chavan, 1989 3 SCC 132, and in the case of C.S. Rowjee vs State of Andhra Pradesh, 1964 AIR(SC) 962.;


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