Jarken Gadi v. The State of Ap and 4 Ors

ORDER Date : 06-04-2023 Heard Mr. A. Tatak, learned counsel for the petitioner and Mr. L. Perme, learned Standing Counsel for the Power Department, Government of Arunachal Pradesh (respondents No.1 to 4).

¶2This writ petition is being diposed of at motion stage in view of the nature of issue that such writ petition may not be kept pending unnecessarily. And this Court finds that no prejudice will cause to the parties including the respondent No.5 even if the petition is disposed of at motion stage.

3.

By this application, the petitioner challenges the communication letter No.LKED/E-I/Transfer Posting/2022-23/3904-08 dated 23.03.20203 addressing to the Superintending Engineer (Co-Ordination) Arunachal Pradesh Electrical Circle No-1 Page No.# 3/5 Department of Power, Naharlagun, whereby, it is conveyed that the petitioner shall be released from Likabali Electrical Division, Lower Siang District, Arunachal Pradesh only after the liabilities are settled.

¶4The learned counsel for the petitioner submits that the petitioner has been transferred from the Likabali Electrical Sub-Division, Lower Siang District, Arunachal Pradesh to the Basar Electrical Division, Department of Power vide order dated

06.03.2023 and the another JE (E) (i.e. respondent No.5) has already assumed charge on 14.03.2023 on 'As is where is basis'.

¶5In the meantime, instead of releasing the petitioner, the respondent No.4 issued the impugned communication vide No.LKED/E-I/Transfer Posting/2022-23/3904-08, dated 23.03.2023 stating that he will be released only after liabilities are settled.

¶6Thereafter, when the said communication was brought to the knowledge of the petitioner, he submits an application on

24.03.2023 for reconsideration of an impugned communication dated 23.03.2023 and for releasing him from Likabali Electrical Sub-Division, Likabali to Basar Election Division.

¶7The petitioner has also submitted a letter vide dated

23.03.2023 addressed to the Executive Engineer (E), Likabali Electrical Division expressing his regret that there are liabilities towards management of materials of store and site which are not Page No.# 4/5 known to him and requesting for providing him the listed liabilities. In order to clear up all the liabilities, it is required to provide him the listed liabilities. But then, nothing has been considered by the respondent No.4. Consequently, undue hardship has been caused to the petitioner as he is unable to function either at Likabali Electrical Sub-Division or at Basar Electrical Division.

¶8Therefore, learned counsel prays that the impugned communication No.LKED/E-I/Transfer Posting/2022-23/3904-08 dated 23.03.20203 may be set aside and a direction may be issued to the respondent No.4 to release the petitioner so as to enable him to join at Basar Electrical Division in terms of transfer order dated 06.03.2023.

¶9Mr. L. Perme, learned Standing Counsel for the Power Department, on instruction, submits that the petitioner will be released on handing over of material at site record to the respondent No.5. On such submission learned counsel for the petitioner submits that the petitioner will hand over the material at site register only as required under the office procedure to the respondent No.5 as he has no accessibility to other records since private respondent has already joined on 14.03.2023. So, petitioner will hand over the MAS register prior to 14.03.2023 as required.

¶10Considering the submissions made by the learned counsel for the parties, this Court is of the view that there is no reason as to why the petitioner should not be released as the petitioner has Page No.# 5/5 already been transferred from Likabali Electrical Sub-Division to Basar Electrical Division on 06.03.2023 and Smti. Gamnya Bam who has been transferred in place of the petitioner had already joined on 14.03.2023.

¶11As recorded herein above, the learned Standing Counsel has submitted that the petitioner will be released on handing of the MAS record and the petitioner has agreed to hand over the MAS register. I deem it appropriate to allow this writ petition and direct the respondent No.4 to release the petitioner on submission of MAS register to the respondent No.5.

Accordingly, writ petition stands diposed of.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC040004832023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 184/2023 1:Jarken Gadi S/o Shri Kekjar Gadi, Permanent Resident of Deke Village, District Lepa Rada, Arunachal Pradesh, presently working as Junior Engineer (E) at Likabali Electrical Sub Division, Likabali, Lower Siang District, Arunachal Pradesh. VERSUS 1:THE STATE OF AP and 4 Ors. Represented by the Secretary, Department of Power, Civil Secretariat, Itanagar, Arunachal Pradesh. 2:The Chief Engineer Central Electrical Zone Department of Power Vidyut Bhawan Itanagar Arunachal Pradesh. 3:The Superintending Engineer (E) A.P Electrical Circle No. I cum Coordination Department of Power Naharlagun Arunachal Pradesh. 4:The Executive Engineer (E) Likabali Electrical Division Department of Power Likabali Lower Siang District Arunachal Pradesh. Page No.# 2/5 5:Gamnya Bam Junior Engineer (E) Likabali Electrical Division Lower Siang District Arunachal Pradesh Advocate for the Petitioner : Adam Tatak Advocate for the Respondent : Lissing Perme BEFORE HONBLE MR. JUSTICE KARDAK ETE