2013 Supreme(Gau) 749
B.D.AGARWAL
K. K. Hazarika – Appellant
Versus
State of Arunachal Pradesh – Respondent
B.D. Agarwal, J.—This writ petition under Article 226 of the Constitution of India has been filed by an Executive Engineer in Rural Works Department (RWD), Changlang so as to challenge the Order dated 11.4.2013 issued by the Secretary, RWD, Government of Arunachal Pradesh. By this impugned order the writ petitioner has been transferred from Changlang Division to Pasighat. He has been posted in the Office of Superintending Engineer, RWD at Pasighat and the respondent No. 3 has been appointed as Executive Engineer on promotion at Changlang. Heard Mr. K. Jini, learned counsel for the petitioner, Mr. R.H. Nabam, learned Sr. Govt Advocate for the respondents No. 1 and 2 and Mr. J. Hussain, learned counsel for the respondent No. 3. Respondent Nos. 4 and 5 are the Hon'ble MLA and Minister respectively at whose instance the transfer order has been issued. However, these respondents preferred to remain silent and did not file any affidavit to deny the allegation of malafide transfer of the petitioner. I have also perused the relevant file, produced by the learned Sr. Govt. counsel.
2. The writ petitioner's case is that he was posted at Changlang as Executive Engineer in the month of July, 20
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