GAHC040006492025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

(ITANAGAR BENCH)

Case No. : WP(C)/188/2025 Dubok Medo Son of Late Chujeng Medo, Village Migging, PO and PS Tuting, Upper Siang District, Arunachal Pradesh and present address Camp Tuting, PO and PS Tuting, Upper Siang District, Arunachal Pradesh.

VERSUS The State of AP and 3 Ors represented by the Secretary (Health Services) Govt of Arunachal Pradesh, Itanagar

7911112:The Director of Health Services Age: 0 Occupation :

Govt of Arunachal Pradesh Itanagar 791110

3:The District Medical Officer Age: 0 Occupation :

Yingkiong Govt of Arunachal Pradesh Naharlagun 791002

4:Perang Alee (Driver)

Age: 0 Occupation :

C/o District Medical Officer Yingkiong PO and PS Yingkiong Upper Siang District Arunachal Pradesh Advocate for the Petitioner : Muk Pertin, Senior Advocate, T Tabing,Aso Dalbong,Tabit Tapak Advocate for the Respondent : Taba Tagum, SC(Health)

-BEFORE-

HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY -O R D E R- 29.04.2025

1. Heard Mr. M Pertin, learned Senior counsel assisted by Mr. T Tapak, learned counsel for the petitioner.

2. The petitioner, who is a driver and presently posted at CHC, Tuting, has challenged an order of transfer dated 08.04.2025 whereby he is sought to be transfer from CHC, Tuting (his present post of posting) to CHC, Mariyang. The learned Senior counsel referring to the impugned order contends that the respondent No. 4, who is posted in the present place of posting of the petitioner on transfer from CHC, Mariyang is on the own request of respondent No. 4and therefore, without there being any disclosure that the transfer was in public interest, it is in the private interest of the respondent No. 4.

3. This matter needs further consideration. Issue notice, returnable on

03.06.2025.

4. As Mr. T Tagum, learned standing counsel Health Department accepts notices on behalf of respondent Nos. 1 to 3, no formal notice needs to be issued. However, extra copy of the writ petition be furnished to him. Petitioner to take steps for service of notice upon the respondent No. 4 by way of registered post with A/D and by usual process within a period of one week from today.

5. Considering the matter in entirety, this court is of the view that the petitioner has been able to make a prima-facie caser for interim order. Accordingly, it is provided that till the returnable date, the impugned transfer order dated 08.04.2025 shall remain suspended.

6. On the next date, the learned standing counsel shall keep the record pertaining to the impugned order ready for perusal of this court.

JUDGE Comparing Assistant