Bamang Taba v. The State of Ap and 3 Ors

ORDER

06.12.2024

Heard Mr. L. Perme, learned counsel for the petitioner and Mr. B. Picha, learned Standing Counsel for the respondent Nos. 1, 2 & 3 of the Rural Development Department.

¶2In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the correctness or otherwise of the impugned Order No. KKD/PD(RD)/ESTT-10, dated 16.09.2024, issued by the Project Director (RD), Koloriang, Kurung Kumey District, Government of Arunachal Pradesh.

¶3It is to be noted here that vide impugned Order No. KKD/PD(RD)/ESTT-10, dated 16.09.2024, the Project Director (RD), Koloriang, Kurung Kumey District, Government of Arunachal Pradesh has assigned respondent No. 4 to look after the charge of EO(RE) in CD-Block Sangram under R.D. Department, from the petitioner.

¶4Mr. Perme, learned counsel for the petitioner submits that vide Common Transfer Order dated 11.11.2023, the petitioner was transferred and posted at Sangram Block of Kurung Kumey District and since 04.01.2024, the petitioner was discharging his duty as EO(RE) in CD-Block Sangram under R.D. Department. But, vide impugned order dated 16.09.2024, the Project Director (RD), Koloriang, Kurung Kumey District has assigned respondent No. 4 to look after the charge of Page No.# 3/4 EO(RE) in CD-Block Sangram, under R.D. Department, without any authority and that such power is only with the Secretary and Director of Rural Development Department to the Government of Arunachal Pradesh and as such, the impugned order dated 16.09.2024, is illegal and arbitrary. Mr. Perme further submits that on receipt of the impugned order the petitioner has filed one representation before the Director of Rural Development Department to the Government of Arunachal Pradesh, on 07.10.2024. On the basis of said representation, the Director of Rural Development Department to the Government of Arunachal Pradesh has issued show cause notice to the respondent No. 3, the Project Director (RD), Koloriang, Kurung Kumey District. On such count, Mr. Perme has contended to allow the petition by setting aside the impugned order dated 16.09.2024.

¶5Per-contra, Mr. Picha, learned Standing Counsel of the Rural Development Department submits that the respondent No. 3 has no authority to pass such an order, as the power of transfer and posting is vested only with the Secretary and Director of Rural Development Department to the Government of Arunachal Pradesh. On such count, Mr. Picha submits that he has no objection in the event of setting aside the impugned order dated 16.09.2024.

¶6Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the impugned order dated 16.09.2024.

¶7Admittedly, the respondent No. 3 has no authority to pass such an order, by which he had allowed the private respondent No. 4 to look after the charge of EO(RE) in CD-Block Sangram under R.D. Department and for which, the Director of Rural Development Department to the Government of Arunachal Pradesh has issued a show cause notice to the respondent No. 3, on the basis of the representation submitted by the petitioner on 07.10.2024. The impugned order Page No.# 4/4 dated 16.09.2024, is, thus, ex-facie illegal and arbitrary, having been passed by the respondent no. 3 without any authority.

¶8Having considered the submissions of learned counsel for both the parties and also considering all the facts and circumstances on the record and as agreed upon by learned counsel for both the parties, this court is inclined to dispose of this writ petition at this motion stage itself, by setting aside the impugned order dated

16.09.2024.

¶9In terms of above, this writ petition stands disposed of at this motion stage itself.

¶10The parties have to bear their own cost.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC040016902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/579/2024 Bamang Taba Son of Shri Bamang Talang, serving as Extension Officer (RE) CD Block, Sangram, Department of Rural Development, Govt of Arunachal Pradesh, Kurung Kumey District. VERSUS The State of AP and 3 Ors represented by the Secretary, Department of Rural Development, Govt of Arunachal Pradesh, Itanagar. 2:The Director Age: 0 Occupation : Rural Development Department Govt of Arunachal Pradesh Itanagar. 3:The Project Director (RD) Age: 0 Occupation : Department of Rural Development Govt of Arunachal Pradesh Kurung Kumey District Koloriang Arunachal Pradesh. 4:Hillang Tutu Age: 0 Occupation : Junior Engineer Water Resource Department Sangram sub Division Koloriang Kurung Kumey district Arunachal Pradesh Page No.# 2/4 Advocate for the Petitioner : Lissing Perme, Signal Yirang,William Yirang,T Tagam,1 P Tsering,A Perme,Tabung Nonang,Wintet Sawin,Krishna Dubey Advocate for the Respondent : Binter Picha, SC (RD) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN