Allowed

Radhe Pampi v. the State of Ap

Gauhati HC18 Nov 2020WP(C)/318/2020

Case brief

AI extract

What is this about?

This order disposed of a writ petition concerning the arbitrary refusal of the Deputy Commissioner to issue a release order for the petitioner, hindering her transfer. The court directed the Deputy Commissioner to issue the release order within 10 days or allow the petitioner to move immediately.

What did the court decide?

Directed Deputy Commissioner Bomdila to issue release order within 10 days; permitted petitioner to leave and join new posting if relief not granted.

Radhe Pampi Vs the State of Ap — Service and Employment | Gauhati HC (2020)

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Page No.# 1/2

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GAHC040007992020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : WP(C) 318/2020

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1:RADHE PAMPI

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W/O MICHI TAJO PRESENTLY RESIDING AT MEDICAL COLONY BOMDILA, PO/PS BOMDILA, DISTRICT WEST KAMENG, AP.

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VERSUS

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1:THE STATE OF AP

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TO BE REPRESENTED BY THE CHIEF SECRETARY, ITANAGAR, GOVT. OF AP.

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2:THE DEPUTY COMMISSIONER BOMDILA WEST KAMENG DISTRICT GOVT. OF AP.

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3:THE DIRECTOR OF LAND MANAGEMENT GOVT. OF AP ITANAGAR

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Advocate for the Petitioner : M Nibo Advocate for the Respondent : GA (AP) D Kamduk SC Land Management

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BEFORE

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HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 18-11-2020

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Heard M. Nibo, learned counsel for the petitioner. Also heard Mr. D. Kamduk, learned Standing Counsel for Land Management Department appearing on behalf of Respondent No. 3 as well as Mr. I. Riram, learned Additional Senior Government Advocate appearing for Respondent Nos. 1 & 2.

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Page No.# 2/2

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On 10 August 2020, the Directorate of Land Management, Government of Arunachal Pradesh, Itanagar, issued a transfer order, thereby, transferring the petitioner from Bomdila to ICC Itanagar. In the same order, Shri Ribom Riba, Chainman was transferred from Basar to Bomdila to succeed the present petitioner’s post. Although the petitioner is under the administrative control of the Director of Land Management, Government of Arunachal Pradesh, Itanagar, her service is controlled by the Deputy Commissioner of the District. Therefore, in order to move from Bomdila to her new place of posting, the Deputy Commissioner of Bomdila District has to give one release order. The petitioner filed an application before the Deputy Commissioner, West Kameng District, Bomdila for issuing the release order, but the Deputy Commissioner refused to release her on the ground that her reliever has not yet reached Bomdila.

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Since the service of the petitioner is controlled by the Director of Land Management, Government of Arunachal Pradesh, and the Director of Land Management, has directed the petitioner to move first. In spite of that, the Deputy Commissioner, Bomdila is reluctant to issue the release order.

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Mr. D. Kamduk, has submitted that the reliever is going to Bomdila very soon.

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Under the given circumstances of the matter, I have decided to dispose of the writ petition today itself. Accordingly, it is hereby directed that the Deputy Commissioner, Bomdila shall issue a release order to the petitioner so that she could move first and join her new assignment at ICC Itanagar. Release order shall be issued by the Deputy Commissioner, Bomdila, within next 10 days. If the release order is not issued by the Deputy Commissioner, Bomdila, the petitioner shall be at liberty to leave Bomdila and she shall join ICC Itanagar.

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With the aforesaid observation, the present writ petition is disposed of at the motion stage.

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JUDGE

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Comparing Assistant

Radhe Pampi v. the State of Ap

Case brief

What is this about?

What did the court decide?

Radhe Pampi v. the State of Ap

Case brief

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