T. MHONYAMO TSOPOE Vs. STATE OF NAGALAND
LAWS(GAU)-2018-3-48
HIGH COURT OF GAUHATI (AT: KOHIMA)
Decided on March 23,2018

T. Mhonyamo Tsopoe Appellant
VERSUS
STATE OF NAGALAND Respondents

JUDGEMENT

L.S.JAMIR - (1.) challenge to the Notification dated 22.12.2017 insofar as the transfer and posting of the petitioners and the private respondents are concerned and the reliefs sought for being identical, both W.P (C) No. 2 (K) of 2018 and W.P (C) No. 3 (K) of 2018 are being disposed of by this common judgment and order. The petitioner in W.P (C) No. 2 (K) of 2018 is serving as Officer-in-Charge (Additional S.P) of the Nagaland Police Central Store, Chumukedima. By a Notification dated 22.05.2017, the petitioner was transferred as Additional Superintendent of Police (PHQ) attached to CP, Dimapur from ACP (A) Div., Dimapur on the recommendation of the Police Establishment Board ('PEB' in short). The said Notification dated 22.05.2017 was modified by transferring and posting the petitioner who was serving as Additional S.P (PHQ) attached to CP, Dimapur as Additional S.P (INT) and attached to CP, Dimapur till further order by Notification dated 1.7.2017. Thereafter, by another Notification dated 09.10.2017, the petitioner was again transferred as OC (Addl. S.P), Police Central Store. The petitioner thereafter, took over charge as Officer-in-Charge of Nagaland Police Central Store, Chumukedima with effect from 01.11.2017. Again by another Notification dated 22.12.2017, the petitioner was again cross-transferred with the private respondent No. 4 and was posted as Deputy Commandant 7th NAP Battalion, Bhandari. Being aggrieved with the frequent transfer, the petitioner has filed the present writ petition.
(2.) The petitioner in W.P (C) No. 3 (K) of 2018 was posted as Deputy Superintendent of Police (Reserve) at Kohima. By Notification dated 22.12.2017, the petitioner was transferred and posted as Assistant Commandant, 5th NAP Battalion. The said Notification dated 22.12.2017 is also under challenge in the present writ petition on the ground that the transfer order was not served upon the petitioner and that he had came to know about the same through social media application and that the said transfer order was issued at the behest of political interference to accommodate the private respondent No.4.
(3.) Heard Mr. Taka Masa, learned senior counsel assisted by Mr. Arenlong, learned counsel appearing for the petitioners in both the writ petitions. Also heard Ms. V. Suokhire, learned Additional Senior Government appearing for the State respondents in both the writ petitions as well as Mr. A. Zho, learned counsel appearing for the private respondent No. 4 in both the writ petitions.;


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