AMOY MORANG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This writ petition is directed against the Order No. SUD/E-136/2004/263-282 dated 31st August, 2005 issued by the Chief Secretary to the Government of Arunachal Pradesh placing the petitioner under suspension with immediate effect consequent upon the institution of a vigilance inquiry by the Government against him. The petitioner initially joined in 1987 as Assistant Town Planner under the Public Works Department and he was promoted to the rank of Town Planner in the year 1994 under the administrative control of the Chief Engineer, Public Works Department, Western Zone. The Government of Arunachal Pradesh created the Urban Development Department in the year 1995 and the office of the Town Planner and Director of Housing was amalgamated into the Directorate of Urban Development and Local Self Government and the same was placed under the administrative control of the Commissioner and Secretary, Urban Development and Local Self Govt. The petitioner by virtue of his qualification, status and service rendered by him was designated as Director of Urban Development vide Govt. order under Memo No. COM (UD) 1/96/Pt/384-91 dated 28th August, 1996. Accordingly, he took over charge and has been serving as Director of the said new department.

(2.) While he was functioning as Director of the said department, the petitioner issued an advertisement on 4th September, 2002 for filling up the various posts of Assistant Urban Programme Officer, Group-C (Tech.), Architectural Assistant, Group-C (Tech.), D/man Grade-II, Group-C (Tech.), D/man Grade-III, Group-C (Tech.), Stenographer Grade-III, Group-C (Tech.), Surveyor, Group-C (Tech.), Lower Division Clerk, Group-C (Ministerial), Urban Programme Inspector, Group-C (Tech.), Driver, Group-C (Tech.), Peon, Group-D (Ministerial) & Chowkidar, Group-C (Ministerial) in the Urban Development Department and the said posts were filled up through open competition and as per the existing procedure. But some of the unsuccessful candidates lodged a complaint against the writ petitioner alleging inter alia, nepotism, favourism and exercising excess power in making the appointments. Based on the said complaint, the vigilance department initiated inquiry against the petitioner and the aforementioned impugned order placing the petitioner under suspension was issued. Against the said impugned order, the petitioner made representation before the Govt. for revocation of the suspension order but the said prayer of the petitioner was rejected by the respondents -Chief Secretary vide order No. SUD/PF/AM/2005/695-702 dated Itanagar 24th April, 2008 and ordered that the petitioner shall continue to be under suspension. The petitioner is still under suspension till this date without initiation of any departmental proceeding.

(3.) Heard Mr. T. Son, learned counsel for the writ petitioner and also heard Ms. G. Deka, learned Additional Senior Govt. Advocate, appearing on behalf of the Respondents.