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2024 Supreme(Gau) 777
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
KALYAN RAI SURANA, N. UNNI KRISHNAN NAIR, JJ.
Sonem Tayang, S/o Lt. T.Tayang – Appellant
Versus
The State of A.P. and Others – Respondents
PIL 7 of 2021
Decided on : 29-05-2024
Advocate Appeared:
For the Appellant :T.T. Tara Mr. Adam Tatak Mr. Terji Kamchi, Mr. Jumgam Jini, Mr. A. T. Tara, Mr. Gamken Bam Advocate
For the Respondent: Mr. I. Riram, Mr. T. Tagum, SC(H & FW)
IMPORTANT POINT
The main legal point established is that the Court will not interfere with policy decisions of the Government, and government officials cannot object to transfers as it is an incidence of service.
Headnote:
Public Interest Litigation - District Medical Officer's Office Shifting - Marbury v. Madison - US Supreme Court - Union of India& Ors. Vs. Kannadapara Sanghatanegala Okkuta & Kannadigara & Ors., (2002) 10 SCC 226
Fact of the Case:
The petitioners, residents of different villages, filed a PIL to prevent the shifting of the District Medical Officer's office from Swamy Camp, Hayuliang to the District Headquarter at Hawai, claiming it would adversely affect the public's health. They argued that the present location is well-connected and that a mutual agreement had been reached to set up the office at Hayuliang.
Finding of the Court:
The Court found that the Deputy Commissioner's decision to shift the office was in the public interest and for administrative convenience. It held that there was no evidence of a Cabinet decision or agreement to retain the office at Hayuliang. The Court dismissed the PIL, refraining from imposing costs.
Issues: The main issue was whether the shifting of the District Medical Officer's office from Hayuliang to Hawai was justified and in the public interest.
Ratio Decidendi: The Court held that the decision to shift the office was a policy decision of the Government and that the Court had no mechanism to interfere with such decisions. It also emphasized that a government official cannot object to a transfer as it is an incidence of service.
Final Decision: The Court dismissed the PIL, finding it devoid of merit, and refrained from imposing exemplary costs on the petitioners.
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. T.T. Tara, learned counsel for the petitioners. Also heard Mr. I. Riram, learned Govt. Advocate, representing respondent nos. 1 and 3 and Mr. T. Tagum, learned standing counsel for the Health and Family Welfare Department, representing respondent no.2.
2. The 9 (nine) petitioners herein are residents of 5 (five) different villages falling under P.O. Hayuliang under P.S. Khupa in the Anjaw District of the State of Arunachal Pradesh. This Public Interest Litigation (PIL for short) is claimed to be filed in public interest, and for the benefit of several villages of Hayuliang area, who contend that the Office of the District Medical Officer, Anjaw should not be shifted from its present location at Swamy Camp, Hayuliang to District Headquarter of Anjaw District at Hawai, as proposed by the Government. The petitioners claim that the District Headquarter at Hawai happens to be far away from most of the administrative blocks of Anjaw District, viz., Chaglagam, Goilang, Manchal and Hayuliang, where nearly 70% (seventy percent) population of Anjaw District are residing. Accordingly, the petitioners have prayed for quashing the impugned order dated 04.11.2019, issued by the Deputy Commissioner, Anjaw District, Hawai (respondent no.3), by which it was decided to shift, amongst others, the Office of the District Medical Officer, Anjaw from its present location at Swamy Camp, Hayuliang to District Headquarter of Anjaw District at Hawai.
3. The learned counsel for the petitioners has made extensive submissions to justify the continuance of the said office at the present location by submitting that the local people of the area had been demanding that a District Hospital be set up in Hayuliang area. Accordingly, a 50 (fifty) bedded District Hospital, known as Kalikho Pul Memorial Hospital has been constructed in the year 2014 and inaugurated in the year 2017 by the then Chief Minister, and since then, the said Hospital is catering to public from its location at Swamy Camp, Hayuliang. Hence, it is submitted that it would be in best interest of the pubic that the Office of the District Medical Officer, Anjaw be retained at the present location. Moreover, it has been submitted that the present location is well connected in terms of road communication and telecommunication.
4. It was further submitted that the State Cabinet had also taken a decision to retain the District Medical Officer, Anjaw at its present location at Swamy Camp, Hayuliang. Thus, it was submitted that the Deputy Commissioner, Anjaw did not have any power and authority to take a decision that is contrary to the Cabinet decision of the Govt. of Arunachal Pradesh. It was also submitted that there is historically a rivalry between the residents of Hayuliang and adjoining locality regarding setting up of District Headquarter of Anjaw District at Hawai and due to political pressure, except for the Office of the District Medical Officer, Anjaw, most of the other Government offices have been shifted to Hawai. It was submitted that due to bitterness amongst residents of two Hauyliang and Hawai in the District, the matter was came to be agitated before this Court. However, due to intervention of the then Minister of Finance, Govt. of Arunachal Pradesh, the matter was resolved through a mutual agreement wherein it was agreed that the District Hospital and Office of the District Medical Officer would be set up at Hayuliang. Accordingly, it has been submitted that the move to shift the Office of the District Medical Officer was in utter violation of a mutual agreement between the public and the Deputy Commissioner, Anjaw. It was submitted that if the said office was shifted, connected offices of Programme Officer, Medical Officer, DRCHO, DSO, DVBDCO, etc. would also have to be shifted, which will have an adverse effect and impact on the health issues of about 70% of the public of Anjaw District. It was also submitted that the decision to shift the
