YURA TAGUNG Vs. STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-3-50
HIGH COURT OF GAUHATI (AT: ITANAGAR)
Decided on March 06,2018

Yura Tagung Appellant
VERSUS
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

AJIT BORTHAKUR - (1.) Heard Mr. Kento Jini, learned counsel, appearing on behalf of the petitioner. Also heard Mr. Duge Soki, learned Addl. Senior Government Advocate, appearing on behalf of State Respondents No. 1 to 3.
(2.) Since the instant petitioner Sri Yura Tagung has approached this Court for the second time, therefore, without taking the pain of travelling deep into the various facets of the matter, the case of the petitioner is summarized, very briefly, as under: Prior to his appointment as Vice-Chairman as well as Chairman of the Arunachal Pradesh Bamboo Research and Development Agency (APBRDA, for short), the petitioner, an energetic Bamboo cultivator; was actively involved in motivating and encouraging the natives for growing Bamboo in the State of Arunachal Pradesh. His appointment as Chairman vide order, dated 16.11.2015, was made by the State Government, with immediate effect until further order, in recognition of his chosen work, with an honorarium of Rs. 50,000/- p.m. and other privileges at par the Secretary to the State Government. The appointment order was duly notified in the Arunachal Pradesh Gazette on 16.11.2015. As per Article 8 of the Memorandum and Bye-Laws of the Arunachal Pradesh Bamboo Research and Development Agency (APBRDA), the Chairman and Vice-Chairman of the Agency shall hold the office for a period of 5 years and may be eligible for re-appointment, which goes to indicate that the petitioner shall hold the office of the Chair- man of the said Agency, for a term of 5(five) years w.e.f. 16.11.2015 to 15.11.2020. While the petitioner was continuing with his Chairmanship, he was terminated from the said post of Chairman by the State Government vide order, dated 15.02.2016, in the garb of public interest. Being highly aggrieved, he had filed the writ petition being WP(c) 139 (AP)2016, which was disposed of by this Court, on merit, vide judgment and order dated, 10.08.2016. The relevant paragraphs of judgment and order, dated 10.08.2016, are quoted hereunder for better appreciation of the matter: "26. Sofaras termination of the services of the petitioner Sri Yura Tagung, of WP(c) 139 (AP) 2016, as Chairman of Arunachal Pradesh Bamboo Research and Development Agency (ABRDA), is concerned, it is seen that there is no such provisions/rules that have been framed with regard to termination of the services of the Chairman or Vice-Chairman of the said Agency. In fact, as per Article 8 of the 'Memorandum of Association' of Arunachal Pradesh Bamboo Resources and Development Agency (APBRDA), it has been categorically stipulated that the Chairman and Vice Chairman of the Agency shall hold the office, for a period of 5(five) years and may be eligible for reappointment. 27. Situated thus, in view of the attending facts and circumstances of the case, at hand, the impugned order dated 15.02.2016, issued by the Chief Secretary to the Government of Arunachal Pradesh, terminating the appointment of Sri Yura Tagung, writ petitioner of WP(c) 139 (AP)2016, as Chairman, of APBRDA, is hereby set aside and quashed. He shall, thus, continue to hold the post of Chairman of Arunachal Pradesh Bamboo Research and Development Agency(ABRDA). The petitioner Sri Tagung shall be paid the monthly emoluments and other financial benefits/arrears, as per his entitlement, if not yet paid to him, without further delay." In compliance to the above-mentioned judgment and order, the State Government reinstated the petitioner as Chairman, Arunachal Pradesh Bamboo Research and Development Agency (APBRDA) on 19.09.2016, with immediate effect. Since then, the petitioner was serving the Department with utmost diligence. While the situation remained thus, all of a sudden, without giving any rhyme or reason, in writing, the petitioner was again terminated from the post of Chairman of the Agency vide order, dated 03.03.2017, by appointing the private Respondent No. 4, herein, that too, without serving any notice, affording an opportunity of hearing and most surprisingly, within the subsisting term of the petitioner as Chairman w.e.f. 16.11.2015 to 15.11.2020. Being highly dis-satisfied with such arbitrary and illegal action of the authorities concerned, the petitioner has approached this Court, again, by way of preferring the present writ petition.
(3.) It is seen that by this writ petition, under Article 226 of the Constitution of India, the petitioner has sought for quashment of the impugned order, dated 03.03.2017, issued by the Chief Secretary to the Government of Arunachal Pradesh, Itanagar, whereby the services of the petitioner from the post of Chairman, Arunachal Pradesh Bamboo Research and Development Agency(APBRDA) stood relieved and in his place, private Respondent No. 4 has been appointed to the said post with immediate effect.;


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