SONIM MANYU Vs. STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-8-150
HIGH COURT OF GAUHATI
Decided on August 31,2018

Sonim Manyu Appellant
VERSUS
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

AJIT BORTHAKUR,J. - (1.) Heard Mr. S. Mow, learned counsel for the petitioner and Ms. R. Basar, learned Govt. Advocate, appearing on behalf of the State respondent Nos. 1 and 2. Also heard Mr. T. Tagum, learned Standing Counsel for the respondent No.3.
(2.) By preferring the instant petition under Article 226 of the Constitution of India, the petitioner has prayed for setting aside and quashing the impugned order of transfer being Order No. AE/PF-0139/12/23536-52, dated 22.03.2017, issued by the respondent No. 2/ the Deputy Commissioner, Anjaw District, Arunachal Pradesh and the release order No. ANJ/MED/ESTT-C/17/311-14, dated 10.08.2017, issued by the respondent No. 3/ the District Medical Officer, Anjaw District, Arunachal Pradesh.
(3.) The petitioner's case, precisely, is that he is presently working as Upper Division Clerk (for short, UDC'), in-charge of Cashier and Accountant in the office of the District Medical Officer at Anjaw. The respondent No. 3 issued several orders, dated 13.1.2017, 14.01.2017, 25.01.2017 and 10.03.2017 levelling various allegations against him to put him harassment and ultimately, by an order, dated 13.03.2017, relieved him of the in-charge of Cashier and Accountant of the office of the respondent No. 3/ the District Medical Officer. The petitioner has further contended that he challenged the impugned order, dated 10.03.2017, issued by the respondent No. 3, in WP (C) No. 135 (AP)/ 2017, wherein, this Court passed an interim order, dated 22.03.2017, staying the aforesaid order and accordingly, the in-charge Deputy Commissioner, Anjaw District, through a W.T. Message, dated 23.03.2017, directed the respondent No. 3 not to give effect to the aforesaid impugned order, dated 10.03.2017, till the next date of hearing in this Court. However, during the pendency of the said writ petition and contempt petition being Cont. Case (C) No. 10 (Arunachal Pradesh)/2017 and in continuance of the interim order, the impugned transfer order vide No. AE/PF-0139/12/23546-52, dated 22.3.17 and release order, dated 10.8.2017, were handed over to the petitioner, on 13.8.17, by the respondent No. 3 against whom the aforesaid writ petition and contempt petition were pending. The impugned transfer order was shown to be passed on the same date of the interim order, that is, 22.03.2017, violating the order of this Court's interim order and it was never communicated to him. The petitioner has contended that the impugned order was being issued after six months of filing WP (C) No. 135 (AP) 2017, whereby the petitioner challenged the impugned order passed by the respondent No. 3 and despite knowing the aforesaid interim order passed in the writ petition, the respondent Nos. 2 and 3 issued the impugned transfer and release orders transferring him from the office of the respondent No.3/ the District Medical Officer, Hayuliang to District Agriculture Officer (for short, DAO'), Hawai.;


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