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1996 Supreme(Gau) 195

H.K.SEMA
Ruokuolhoulie Angami – Appellant
Versus
State of Nagaland – Respondent


Advocates Appeared:
B.N.Sharma, K.Memno

Heard Mr. Meruno, learned counsel for the petitioner, Mr. EY Renthungo, learned Junior Govt Advocate for the respondent Nos.1 and 2 and Mr. BN Sarma, learned counsel for the respondent No.3.

2. In this writ petition, the petitioner has assailed the impugned order dated 14.2.96 posting 3rd respondent as Assistant. Commissioner of Taxes to Mobile Squad at Dimapur in supersession of the previous transfer order dated 5.12.95.

3. This case has chequered history and factual matrix may be briefly stated. By an order dated 17th October, 1995, the Govt of Nagaland, Finance Department transferred as many as 3 officers including the 3rd respondent in public interest. In the aforesaid order the 3rd respondent, Assistant Commissioner of Taxes, Dimapur Zone, Dimapur was transferred and posted to Mokokchung Zone. This order was modified by another order dated 5th December, 1995 keeping in abeyance of the transfer of the 3rd respondent to Mokokchung. The order dated 5.12.95 modifying the order dated 17.10.95 has an important bearing and it is extracted :

"In partial modfication of this Department's order of even number dated 17.10.95. In the interest of public service the Governor of Nagaland is ple











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