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2025 DAILYLAW 23697 (GAU)

Yomdo Yallo v. The State of AP and Anr

WP(C)/513/2025 · 2025-11-06

Mitali Thakuria

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC040018202025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/513/2025 Yomdo Yallo Son of Late Yomdo Ekiong, permanent resident of Nyapin Village, PO and PS Nyapin, Kurung Kumey District, Arunachal Pradesh. VERSUS The State of AP and Anr represented by the Commissioner (Transport), Govt of Arunachal Pradesh, Itanagar. 2:The Deputy Commissioner Age: 0 Occupation : Kurung Kumey District Koloriang Govt of Arunachal Pradesh Advocate for the Petitioner : Taba Tagum, Tassar Tato,Hage Tai,Likha Tabin,Rage Koyu Advocate for the Respondent : GA (AP), Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 07-11-2025 Heard Mr. T. Tagum, learned counsel for the petitioner and Ms. R. Basar, learned Government Advocate, A.P., for the respondents. 2. This is an application under Article 226 of the Constitution of India praying for a Writ in the nature of mandamus and certiorari and/or any other appropriate writ, orders or directions of like nature. 3. It is submitted by Mr. Tagum, learned counsel that the present petitioner was appointed as an LDC in the year 2006 under the Deputy Commissioner, Kurung Kumey District, Government of Arunachal Pradesh and since then, he was discharging his duty sincerely and thereafter, vide Government Order No.TPT(B)/98/08/2015 dated 15.09.2015, issued by the Commissioner (Transport) Government A.P., the petitioner was allowed to discharge his duty as In-Charge DTO of Kurung Kumey District on functional basis, till posting of regular DTO in the said District and accordingly, he was also discharging his duty as an In-Charge DTO of Kurung Kumey District. 4. But while discharging his duty as DTO of Kurung Kumey District, on 26.02.2022, the petitioner was placed under suspension against substantive post of LDC, as he was arrested and detained by Naharlagun Police in connection with Naharlagun P.S. Case No.12/2022 under Sections 379/471/120(B)/34 IPC and there was also departmental enquiry against the petitioner. 5. But after the detailed departmental enquiry, it was reported by the Page No.# 3/4 Chairman of the Committee that there is no any incriminating material against the present petitioner, nor there was any wrongful loss of the government exchequer on account of conduct of the petitioner as In-Charge DTO, which has been annexed with the present petition. After the submission of the enquiry report vide Office Order dated 15.09.2022, the Additional Deputy Commissioner, revoked the order of suspension of the petitioner with immediate effect. But, after the said order of the Additional Deputy Commissioner and the recommendation of the Board dated 23.08.2022 and thereafter formal order was issued. But consequently, the petitioner was directed to join as a LDC under the establishment of the Additional Deputy Commissioner, Nyapin with immediate effect. 6. Further, Mr. Tagum, learned counsel submitted that the earlier Government Order is still in force, whereby, the petitioner was directed to discharge his duty as In-Charge DTO of Kurung Kumey District. Thereafter, the petitioner had approached the concerned authority vide his representation dated 18.11.2024 to consider his prayer for allowing him to discharge his duty as In-Charge DTO of Kurung Kumey District, but the said representation of the petitioner dated 18.11.2024 is still pending for disposal in the office of the Deputy Commissioner, Kurung Kumey District. 7. In view of the above, Mr. Tagum, learned counsel submitted that with a limited prayer the present writ petition has been filed for a direction to the Deputy Commissioner, Kurung Kumey District to dispose of the representation of the petitioner dated 18.11.2024. 8. Considering the entire facts and circumstances of the case, without going into the merit of the case and other aspects of the case, the respondent No.2, the Deputy Commissioner, Deputy Commissioner, Kurung Kumey District, Page No.# 4/4 Koloriang, Government of Arunachal Pradesh is hereby directed to dispose of the representation of the petitioner dated 18.11.2024 within a period of 1 (one) month from the date of receipt of a certified copy of this order. 9. With the above observation and directions, this writ petition stands disposed of. JUDGE Comparing Assistant