C.R. Sarma, J.

1. Heard Mr. P. K. Tiwari, learned senior counsel, appearing for the petitioner. Also heard Ms. G. Deka, learned Addl. Sr. Government Advocate, appearing for the respondent Nos. 1 to 3, Mr. K Ete, learned counsel, for the respondent No. 4 and Mr. K. Jini, learned counsel, for the respondent No. 5 and perused the record, produced by the learned Addl. Sr. Government Advocate.

2. The petitioner, who is the Executive Engineer (E&M), Ziro Electro Mechanical Division, Lower Subansiri District, Arunachal Pradesh, has challenged the transfer order, vide Memo No. PWRS/E-1313/2005/Pt-/2808-16, dated 06.06.2011, issued by the Secretary (Power), Government of Arunachal Pradesh, Itanagar, thereby transferring him to Namsai circle from Ziro vice respondent No. 4.

3. In view of the order, dated 14.06.2011, passed by this Court and with the consent of the learned counsel for both the parties, this matter is taken up for final hearing at this stage and accordingly, I propose to dispose of the matter finally.

4. The petitioner, who belonged to the Electrical Department (Power), was posted, on deputation, as an Executive Engineer (E&M), in the Department of Hydro Power Development and Electro-Mechanical Division, Itanagar. Thereafter, he was posted at Ziro i.e. in his present place of posting.

5. The Hon'ble Minister of Rural Development & Panchayati Raj, as he then was, initiated a note, vide note No. MIN/RDPR-16/2009, dated 07.02.2011, requesting the Hon'ble Chief Minister of Arunachal Pradesh, to transfer the private respondent No. 4, from Namsai Civil Circle to the Ziro EM Division i.e. in place of the petitioner, on the ground that the petitioner has completed his normal tenure and that the private respondent No. 4 is a sincere officer.

6. Admittedly, the respondent No. 4 was posted at Namsai circle, on 11.06.2010, and thus, he hardly completed one year, at the said place of posting. However, the Secretary (Power), on the basis of the said note, given by the respondent No. 5, put up a note, indicating that the normal tenure of posting at one place being two years, the respondent No. 4 had completed only nine months at the place of his posting i.e. at Namsai, and that, the time bound programmes like PM's package at Ziro, were to be completed within the schedule time. On the basis of the said note of the Secretary (Power), the Parliamentary Secretary, Hydro Power, on 08.04.2011, also gave a note, indicating that, as the respondent No. 4 had completed only nine months at Namsai and the petitioner was also required to complete the time bound scheme, under the PM's package, both of them should be allowed to continue, at their respective places of postings, for one year. On the basis of the said recommendation, made by the Department and the Parliamentary Secretary, the then Hon'ble Chief Minister, by his order, dated 08.04.2011, approved the said proposal and allowed petitioner to continue work at his present place of posting i.e. at Ziro, for one year.

The Hon'ble Chief Minister, who passed aforesaid order, had expired on 30.04.2011 in a tragic chopper crash. Thereafter, on 19.05.2011, the respondent No. 5 again, in his capacity as Ex-Minister and MLA, initiated a fresh note, requesting the newly elected Hon'ble Chief Minister, Arunachal Pradesh, to transfer the respondent No. 4 to Ziro vice the present petitioner.

7. According to the petitioner, being unable to withstand the political pressure, the impugned order, transferring the petitioner to Namsai vice respondent No. 4, was issued, which was illegal, arbitrary, mala fide and not for the exigency of public service or in the interest of administration.

8. The respondent Nos. 1, 2 and 3, failed to controvert the petitioner's claim, by filing affidavit-in-opposition. The respondent No. 5, who is the Minister of Home, RD etc. of the Government of Arunachal Pradesh, contested the petitioner's claim, by filing an affidavit-in-opposition In the said affidavit-in-opposition, the respo