Disposed

Jomge Dulom v. The State of Ap and 3 Ors.

Gauhati HC1 Sept 2025WP(C)/418/2025

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging the transfer of a government employee. The court directed the Secretary (Power) to dispose of a pending representation regarding the transfer and passed a stay order until the speaking order was issued.

What did the court decide?

Stay on impugned transfer and release orders; direction to Secretary (Power) to dispose of pending representation within four weeks.

Jomge Dulom Vs The State of Ap and 3 Ors. — Service and Employment | Gauhati HC (2025)

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Page No.# 1/5

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GAHC040014712025

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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)/418/2025

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Jomge Dulom

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Son of Shri late Tajom Dulom, presently serving as Executive Engineer (E), Kurung Kumey Electrical Division, Sangram, Department of Power, Govt of Arunachal Pradesh.

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VERSUS

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The State of AP and 3 Ors represented by the Secretary (Power) Govt of Arunachal Pradesh, Itanagar. 2:The Chief Engineer (E) Age: 0 Occupation : Western Zone Department of Power Govt of Arunachal Pradesh Itanagar.

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3:The Superintendent Engineer (E) Age: 0 Occupation : Electrical Circle No.V Ziro Department of Power Govt of Arunachal Pradesh Lower Subansiri District Arunachal Pradesh. 4:Tai Nikio Age: 0 Occupation : Member of Legislative Assembly 19th Nyapin (ST) Assembly Constituency Arunachal Pradesh

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Advocate for the Petitioner : Tambo Tamin, Tabung Nonang

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Advocate for the Respondent : Lissing Perme, SC(Power)

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BEFORE HONBLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 02.09.2025

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Heard Mr. T. Tamin, learned counsel for the petitioner. Also heard Mr. L. Perme, learned Standing Counsel for the Power Department, representing respondents No.1, 2 and 3.

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2. The petitioner is aggrieved by the order dated 08.08.2025, whereby the petitioner is sought to be transferred from his present place of posting, which is Executive Engineer (Electrical), Kurung Kumey Electrical Division and posted as Executive Engineer (Electrical), Longding Electrical Division.

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3. The learned counsel for the petitioner submits that his transfer order was issued effectively after one year of the joining of the petitioner pursuant to his earlier transfer order which was issued on 20.09.2023. The learned counsel for the petitioner submits that the impugned transfer order is initiated by the local MLA vide a U.O. Note dated 12.06.2025, which the petitioner has enclosed with the writ petition as Annexure-4. The learned counsel for the petitioner further submits that the transfer initiated by the Department at the behest of the local MLA cannot be projected to be public interest. It is submitted that he has still not handed over the charge of his present place of posting.

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4. The learned Standing Counsel for the respondents, on the other hand, has placed before the Court an office order dated 01.09.2025, issued by the Superintending Engineer (E), Arunachal Pradesh Electrical Circle-V, Department of Power, Ziro, whereby the petitioner stood released in pursuance of the transfer order dated 28.08.2025.

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5. The learned counsel for the petitioner, therefore, submits that the impugned transfer order initiated at the behest of the local MLA is not in public interest. The learned counsel further submits that the only reason for the petitioner being transferred out from his present place of posting is to accommodate the person considered favourable to the local MLA and therefore, is not in public interest. Under such circumstances, the writ petition has been filed.

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6. The learned counsel for the petitioner submits that the petitioner has already filed a representation dated 20.08.2025, by which the petitioner has ventilated his grievance before the Secretary (Power), Govt. of Arunachal Pradesh, Itanagar, regarding the impugned transfer order. The learned counsel also submits that as per the office order issued by the office of the Chief Secretary, Govt. of Arunachal Pradesh, Itanagar, vide order dated 19.12.2008, the tenure of posting of all government posts shall be 2(two) years instead of 3(three) years. He, therefore, submits that although the petitioner’s initial order of transfer was issued on 20.09.2023, he joined his present place of posting on 28.02.2024, and therefore, his tenure of two years is not yet over.

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7. Having heard the learned counsel for the parties, it is seen that the transfer of the petitioner appears to have been initiated by a local MLA vide U.O. Note. According to the learned counsel for the petitioner, his reliever is yet to

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join and, as on date, the petitioner has not handed over the charge. The said contentions, however, are disputed by the learned Standing Counsel for the Power Department, who submits that the petitioner is released by the office order dated 01.09.2025. The learned counsel for the petitioner, however, submits that the release order dated 01.09.2025, stated to have been issued, has not been served on him yet.

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8. Be that as it may, it is seen that the petitioner has already preferred before the Secretary (Power), Govt. of Arunachal Pradesh, a representation dated 20.08.2025. Under such circumstances, this Court is of the view that this writ petition can be closed at this stage, by directing the Secretary (Power), Govt. of Arunachal Pradesh, Itanagar, to dispose of the representation filed by the petitioner dated 20.08.2025 and pass a speaking order by taking into consideration the policy and the guidelines with regard to the transfer as has been issued by the State from time to time.

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9. The Secretary (Power), Govt. of Arunachal Pradesh, Itanagar, will also examine the claims/grievances of the writ petitioner ventilated vide his representation as to whether the transfer effected by the impugned order dated 08.08.2025, was issued in public interest. Any order that is passed by the Secretary (Power), Govt. of Arunachal Pradesh, Itanagar, pursuant to the direction issued by this Court, a copy thereof, shall be served on the writ petitioner.

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10. Let this exercise shall be completed within a period of 4(four) weeks from the date of receipt of a certified copy of this order, and till such an order is passed by the Secretary (Power), as directed above, the impugned transfer order insofar as the writ petitioner is concerned as well as the release order

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stated to have been issued to the petitioner by communication dated 01.09.2025, shall not be given effect to.

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11. The writ petition, accordingly, stands disposed of in terms of above .

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JUDGE

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Comparing Assistant

Jomge Dulom v. The State of Ap and 3 Ors.

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Jomge Dulom v. The State of Ap and 3 Ors.

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