N. Chaudhury, J.

1. By this application under Article 226 of the Constitution of India, petitioner has challenged the validity of order dated 11.4.2013 issued by the Secretary (H & FW), Government of Arunachal Pradesh. Brief facts of the case arising from the writ petition, the affidavit-in-opposition, affidavit-in-reply and additional affidavit filed by the petitioner and respondents are as follows:-

The writ petitioner, Dr. Dubom Bagra was originally working as DRCHO at Aalo wherefrom he was transferred to Daporijo as DMO by order dated 7.10.2010. After completion of more than two years and half, he has been ordered to be transferred by order dated 5.4.2013 from Daporijo to Pasighat in the East Siang district in the same capacity. By the same order, issued by the Commissioner (Health & FW), Government of Arunachal Pradesh, one Dr. Tale Gongo, DMO of Seppa has been transferred to the resultant vacancy of DMO at Daporijo. Due to aforesaid transfer of the petitioner, the post of DMO at Seppa, on turn, has been ordered to be filled up by one Dr. Nyage Geyi, who was the DRCHO, Daporijo. Thus, the order dated 5.4.2013 involves five places and transfer of five persons. By the said order, the petitioner has been directed to report for joining at Pasighat and the Respondent No. 3 herein, who is the in-charge DMO at that place, has been directed to hand over charges to the regular DMO, namely, the petitioner herein. It may be mentioned here that the Respondent No. 3 was originally posted as DRCHO in Pasighat itself since 2005 and by order dated 9.8.2012 (Annexure-I to the affidavit-in-opposition submitted by the Respondent No. 3), he was posted as I/C DMO at the same place till DPC or posting of regular DMO. This order reveals that the Respondent No. 3 (Dr. Mandip Perme) never appointed as regular DMO at Pasighat, where the petitioner has been transferred by order dated 5.4.2013 (Annexure-2 to the writ petition). The writ petitioner was released from Daporijo on 9.4.2013 enabling him to join his new place of posting at Pasighat and there upon, he reported for joining to the Deputy Commissioner on 11.4.2013. The said joining report appears to have been received by the Confidential Assistant to the Deputy Commissioner on the same day. Subsequent communication dated 24.5.2013 which I shall refer to later on, the Secretary to the Govt. of Arunachal Pradesh in the department of Health & F.W. indicates that the Deputy Commissioner by WT message sent on the same day had apprised the Secretary so as to joining of the petitioner and thus it is discernible from materials on record that the Deputy Commissioner himself was in the active participation of whole affairs. The petitioner has claimed that having reported for joining to the Deputy Commissioner being the head of civil administration at Pasighat, he contacted the respondent No. 3 for taking over the charge pursuant to order dated 5.4.2013 (Annexure-2 of the writ petition) but, he on turn, asked the petitioner to wait for sometime so that he can make necessary arrangement. But finally he went on dilly dallying and did not hand over charge rather finally disclosed on 22.4.2013 that appropriate authority had already passed an order on 11.4.2013 allowing his retention at Pasighat.

2. Having obtained a copy of the said order dated 11.4.2013 and finding therein that respondent No. 3 was allowed to be retained at Pasighat till further order by the Secretary (Health & FW), Government of Arunachal Pradesh on the basis of U. note dated 11.4.2013, the petitioner asked for the said U. note taking recourse to the Right to Information Act and got the same. The said U. note is available at Annexure-8 of the writ petition. On being asked, learned counsel for the parties informed the Court that U. note means unofficial note. The said note is filed by three persons, namely, Minister of Industries, Government of Arunachal Pradesh, Minister of Education, Government of Arunachal Pradesh and Chairman, Pol