Prawanso Pul v. The State of Ap and 2 Ors

ORDER Date : 04-03-2024 Heard Mr. M. Kato, the learned counsel for the petitioner and Mr. N. Ratan, the learned Additional Advocate General for the State respondents.

¶2The present proceeding has been instituted by the petitioner being aggrieved by an Order dated 23.02.2024, transferring the petitioner from the office of the Executive Engineer, Hayuliang Division, PWD, AP, Hayuliang to the office of the Executive Engineer, Lumla Division, PWD, A.P., Lumla.

¶3Mr. Kato, the learned counsel for the petitioner submits that the transfer of the petitioner was ordered without there being any administrative exigency and/ or public interest involved. The learned counsel for the petitioner by drawing the attention of this Court to the Order dated 23.02.2024, has submitted that the said order also does not reflect that it was passed in view of any public interest and/ or administrative exigencies. It is further submitted that petitioner had submitted a representation before the authority issuing the order dated 23.02.2024, on 01.03.2024, and the same is said to be pending till date. Page No.# 3/4

¶4Without entering into the merits of the matter, the Superintending Engineer, Coordination, Public Works Department, Arunachal Pradesh, Itanagar and/or any other authority competent to order transfers like the one involved in the order dated

23.02.2024, is hereby directed to take on record said representation dated 01.03.2024, and to dispose of the same by way of issuance of a reasoned order. Such representation be disposed of by the Superintending Engineer, Coordination (PWD) and/ or any other authority competent in the matter, within a period of 1(one) month from the date of receipt of certified copy of this order and the decision thereof be communicated to the petitioner in the form of a Speaking order.

¶5The petitioner is also permitted to file an additional representation bringing on record further contentions as may be called for and he would submit the same along with certified copy of this order before the Superintending Engineer, Coordination, Public Works Department, Arunachal Pradesh, Itanagar within a period of 7(seven) days from today. The contention as may be made in the additional representation be also noted while considering the representation dated 01.03.2024.

¶6Till the issuance of the Speaking Order as required herein above, after completion of the exercise so required, the order dated Page No.# 4/4

23.02.2024, shall not be given effect to by the respondent authorities.

¶7With the above observations and directions, the writ petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC040002892024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/94/2024 Prawanso Pul Son of Late Allokthok Pul, resident of Changung Village, PO Hawai, Anjaw District, and presently serving as Junior Engineer (Civil) in the office of Executive Engineer, Hayuliang Division, PWD, Arunachal Pradesh, Hayuliang VERSUS The State of AP and 2 Ors represented by the Commissioner, Public Works Department, Govt of Arunachal Pradesh, Itanagar 2:The Superintending Engineer Coordination, Public Works Department, Arunachal Pradesh, Itanagar. 3:The Executive Engineer Hayuliang Division, PWD, Arunachal Pradesh, Hayuliang. Advocate for the Petitioner : Marto Kato Advocate for the Respondent : GA (AP) Page No.# 2/4 BEFORE HONBLE MR. JUSTICE N. UNNI KRISHNAN NAIR