Page No.# 1/5 GAHC040001842025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/58/2025 Mori Riba Son of Late Tamo Riba, Deputy conservator of Forest and presently serving as Divisional Forest Officer, Sagalee Forest Division, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP and 2 Ors represented by the Chief Secretary cum Principal Secretary, Department of EF and CC, Govt of Arunachal Pradesh, Itanagar. 2:The Principal Chief Conservator of Forest and Head of the Forest Force Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 3:Goba Doke Age: 0 Occupation : presently serving as Assistant Conservator of Forest (In charge) Central Mobile Squad Pasighat East Siang District Arunachal Pradesh Advocate for the Petitioner : Rintu Saikia, Idak Bam,Bomchi Taipodia,Hongmo Ete,Ligam Nochi Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM Page No.# 2/5 ORDER Date : 14-02-2025 Heard Mr. R. Saikia, learned counsel appearing for the writ petitioner. Also heard Mr. R.H. Nabam, learned Addl. A.G. Arunachal Pradesh appearing for the respondent Nos. 1 and 2. None is present on behalf of respondent No. 3. 2. Since this matter is taken up for final disposal at the stage of motion hearing and considering the order that is proposed to be passed today, service of notice upon respondent No. 3 would not be necessary. 3. The writ petitioner herein, who was serving as District Forest Officer (DFO), Sagalee Forest Division was initially transferred and posted as DFO, Banderdewa Forest Division vide transfer order dated 08-11-2024. However, by the impugned order dated 24- 12-2024 a series of transfer orders in the Forest Department in different posts including the posts of DFO, had been issued whereby, some of the transfer/ posting effected by the order dated 08-11-2024 including that of the writ petitioner has been modified by the impugned order dated 24-12-2024. Consequently, the writ petitioner has been retained as DFO, Sagalee Forest Division in modification of the order dated 08-11-2024. Instead the respondent No. 3 has been posted as DFO, Banderdewa Forest Division. Aggrieved thereby, the instant writ petition has been filed. 4. The case of the petitioner, in brief, is that the respondent No. 3 being a probationer in the cadre of Assistant Conservator of Forest, he cannot be posted as DFO in the Banderdewa Forest Division as such a recourse, according to the writ petitioner, would be Page No.# 3/5 impermissible under the Arunachal Pradesh Forest Service Rules, 2019. 5. Mr. Saikia, learned counsel for the writ petitioner has submitted that pursuant to the earlier transfer order dated 08-11-2024 his client has already joined as DFO, Banderdewa on 13-12-2024 and submitted joining report. Notwithstanding the same the impugned transfer order has been passed retaining the petitioner at Sagalee. It is also the submission of the Mr. Saikia, learned counsel for the writ petitioner that aggrieved by the above action of the departmental authorities, the petitioner had submitted a representation dated 31-12-2024 (Annexure-VII) to the writ petition addressed to the Principal Secretary to the Govt. of Arunachal Pradesh, Department of Environment Forest and Climate Change, Itanagar with a request to maintain the original order dated 08-11- 2024. However, despite receipt of the representation, no action has been taken to dispose of the same till today. 6. Refuting the contention of the petitioner’s counsel, Mr. R.H. Nabam, learned Addl. A.G. Arunachal Pradesh submits on instruction that since the petitioner was never released from the post of DFO, Sagalee, the question of joining unilaterally in the post of DFO, Banderdewa did not arise under the law. Insofar as the plea regarding the rules coming in the way of posting of respondent No. 3 at Banderdewa, Mr. Nabam submits that the embargo under rules, if any, would come in the way of even the petitioner from joining as DFO at Banderdewa. Although Mr. Nabam has emphatically submitted that the respondent No. 3 has already joined as DFO, Banderdewa, yet, in his usual fairness, he submits that there would be no difficulty for the State Government to consider and dispose of the representation submitted by the petitioner by a reasoned order. Page No.# 4/5 7. Mr. Saikia, learned counsel for the writ petitioner, responding to the above submission, has also agreed to the said request but has submitted that till such time the representation submitted by his client be disposed of status quo be maintained. 8. There is no dispute about the fact that the writ petitioner is presently posted as DFO, Sagalee. Whether the respondent No. 3 has taken over as DFO, Banderdewa is a disputed question of fact regarding which this Court is not in a position to record any finding at this stage. However, since the transfer order dated 24-12-2024 has not been modified or suspended by any order of the Court, it must be presumed that said order is holding the field till today. 9. Situated thus and in view of the submission made at the Bar, this writ petition is being disposed of by directing the respondent authorities to consider the representation dated 31-12-2024 submitted by the writ petitioner and dispose of the same by a reasoned order within a week from today. Whatever be the decision in the matter, the same be communicated to the writ petitioner. Till such time, the representation is disposed of, status quo as on date, as regards the posting of the petitioner and the private respondent No. 3 be maintained. With the above observation, this writ petition stands disposed of. JUDGE GS Page No.# 5/5 Comparing Assistant