Page No.# 1/5 GAHC040006572025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/192/2025 Niranjan Kumar Jha Son of Shri Siyanand Jha, presently working as Executive Engineer (E), Daproijo Electrical Division, Department of Power, Daporijo, PO and PS Daporijo, Upper Subansiri District, Arunachal Pradesh. VERSUS The State of AP and 5 Ors represented by the Secretary, Department of Power, Govt of Arunachal Pradesh, PO Itanagar, Arunachal Pradesh 791111 2:The Secretary Age: 0 Occupation : Department of Power Govt of Arunachal Pradesh Itanagar. 3:The Superintending Engineer Age: 0 Occupation : Electrical at Ziro Electrical Cirle APEC-5 Ziro PO and PS Ziro Department of Power Govt of Arunachal Pradesh. 4:Er kajen Tamen Age: 0 Occupation : Assistant Engineer (E) Daporijo Electrical Sub Division Department of Power Page No.# 2/5 Daporijo PO and PS Daporijo Upper Subansiri District Arunachal Pradesh. 5:Tadu Bayor ZPM Age: 0 Occupation : Chetam cum Secretary General. AAPPRP PO and PS Daporijo Upper Subansiri District Arunachal Pradesh. 6:Zomli Dugi ZPM Age: 0 Occupation : Segi Gusar cum Convener AAPPRP Daporijo PO and PS Daporijo Upper Subansiri District Arunachal Pradesh Advocate for the Petitioner : Abhai Kumar Singh, Tsering Nyima,Nabam Kakum,D Mazumdar, Sr. Advocate Advocate for the Respondent : Lissing Perme, Byabang Mema,Gimi Tarak,SC(Power) Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 30-04-2025 Heard Mr. D Mazumdar, learned Senior counsel assisted by Mr. A K Singh, learned counsel for the petitioner and Mr. L Perme, learned Standing counsel, Department of Power, Arunachal Pradesh for the respondent Nos. 1 to 3. Also heard Mr. G Tarak, learned counsel for the respondent No. 4/Caveator. 2. By an order No. PWRS/E-49/2015 dated 04.03.2024, the authorities in the Power Department of the State transferred the petitioner as an Executive Engineer (Electrical) and posted him at Daporijo Electrical Division, pursuant to which he joined the said post on 01.04.2024. 3. However, by the impugned Order No. PWRS/E-49/2015 dated 24.04.2025 issued on 28.04.2025, the authorities in the Power Department of the State transferred the petitioner from the post of Executive Engineer, Daporijo Electrical Division and posted him in the Office of the Chief Engineer (Commercial-cum-CEI), Department of Power, Itanagar as its Executive Engineer (Planning). 4. Aggrieved by the said order of his transfer dated 24.04.2025 issued on 28.04.2025, the petitioner submitted a representation before the Secretary to the Power Department, Government of Arunachal Pradesh on 28.04.2025, stating that in terms of the earlier transfer order dated 04.03.2024 he has not completed the tenure of two years at Daporijo Electrical Division and as such, prayed before the authorities in the Power Department of the State to recall the impugned transfer order dated 24.04.2025 issued on 28.04.2025. 5. The said representation of the petitioner dated 28.04.2025 is still pending for consideration before the Secretary, Power Department, Government of Arunachal Pradesh. 6. Mr. Mazumdar, learned Senior counsel appearing for the petitioner placed before the Court that the impugned transfer order of the petitioner dated 24.04.2025 issued on 28.04.2025 is punitive in nature and in that regard he placed the complaint dated 06.11.2024 of ZPM, Chetam- cum-Secretary General, AAPPRP, wherein the complainant alleged that the petitioner used to take Page No.# 4/5 bribe for all such works and unless payments are made to him neither the works are allotted nor the bills are released. Considering such complaint filed against the petitioner, the respondent authorities in the Power Department of the State issued the impugned transfer order dated 24.04.2025 issued on 28.04.2025. 7. Petitioner further placed the copy of the note-sheets (Annexure-9 series) of the Power Department of the State, wherein the authorities in the Power Department took the decision to transfer the petitioner from Daporijo Electrical Division to Office of the Chief Engineer (Commercial-cum-CEI), Department of Power, Itanagar on the basis of the enquiry report submitted by the department concerned. 8. As such, Mr. Mazumdar, learned Senior counsel has submitted that the impugned transfer order of the petitioner from Daporijo Electrical Division to Office of the Chief Engineer (Commercial-cum-CEI), Department of Power, Itanagar dated 24.04.2025 issued on 28.04.2025, noted above, being punitive in nature should be set aside and quashed in terms of the decision of the Hon’ble Supreme Court in the case of Somesh Tiwari -Vs- Union of India and Others. Reported in (2009) 2 SCC 592 as the petitioner was not provided with any such opportunity to prove his innocence. It is also stated by Mr. Mazumdar, learned Senior counsel that copy of such enquiry report was also not furnished upon the petitioner on the basis of which the authorities in the Power Department of the State transferred him from Daporijo Electrical Division to Office of the Chief Engineer (Commercial-cum-CEI), Department of Power, Itanagar. 9. After hearing the learned counsels for the parties and considering the decision of the Hon’ble Apex Court in the case of Somesh Tiwari (Supra) and the entire aspect of the matter, this writ petition is disposed of at the motion stage itself, directing the Secretary to the Department of Power, Government of Arunachal Pradesh to dispose of the representation of the petitioner dated 28.04.2025 pending before the said authority received by the office concerned on 28.04.2025 itself vide Dy No. 285 dated 28.04.2025 on or before 16.05.2025 intimating the petitioner about the outcome of the same, subject to submission of certified copy of this order along with the copy of this writ petition including the Annexures appended thereto and a copy of the decision of the Hon’ble Apex Court in the case of Somesh Tiwari (Supra) by the petitioner on or before 01.05.2025 before the Secretary to the Department of Power, Government of Arunachal Pradesh, Itanagar, respondent No. 2 herein, obtaining necessary acknowledgement from the said authority in that regard. Page No.# 5/5 10. Page No.# 5/5 10. Up-to 16.05.2025, i.e., till disposal of said representation of the petitioner dated 28.04.2025, noted above, the impugned transfer order No. PWRS/E-49/2015 dated 24.04.2025 issued on 28.04.2025 by the authorities in the Power Department of the State transferring the petitioner from Daporijo Electrical Division to Office of the Chief Engineer (Commercial-cum-CEI), Department of Power, Itanagar shall not be given effect to, subject to furnishing of certified copy of this order along with the copy of this writ petition including the Annexures appended thereto and copy of the decision of the Hon’ble Supreme Court in the case of Somesh Tiwari (Supra) by the petitioner, as directed above. 11. With the above observation and direction, this writ petition accordingly stands disposed of. JUDGE Comparing Assistant