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2006 Supreme(Gau) 195
IN THE HIGH COURT OF GAUHATI
Aftab H. Saikia, J.
Suresh Chandra Sarma - Appellants
Vs.
State of Assam and Ors. - Respondent
WP(C) No. 8439 of 2005
Decided On: 27.02.2006
For Appellant/Petitioner/Plaintiff: A.M. Mazumdar and N. Hoque, Advs.
For Respondents/Defendant: M. Das, Adv.
Transfers of government officials must be made in public interest, with proper justification and approval as per the relevant office memorandums, and must be reasonable, fair, and transparent.
Headnote:
Transfer - Government Officials - Office Memorandums dated 4.2.2002 and 22.5.2005 - [ACS, Transfer, Public Interest, Justification, Approval] - The court discussed the impugned transfer order of a government official and the relevant office memorandums. It highlighted the requirement for transfers to be made in public interest and the need for proper justification and approval, as per the office memorandums. The court emphasized the lack of proper justification and transparency in the impugned transfer order, leading to its quashing.
Fact of the Case:
The petitioner, a government official, was transferred from one location to another within a short period of two months, without proper justification or valid reason. The petitioner challenged the transfer order on the grounds of not being in public interest and being a case of frequent transfer.
Finding of the Court:
The court found that the transfer order lacked proper justification and transparency, and was not made in public interest. It quashed the impugned order and granted liberty to the State respondents to take necessary steps in accordance with the law.
Issues: The issues involved the validity of the transfer order, the requirement for transfers to be in public interest, and the need for proper justification and approval as per the office memorandums.
Ratio Decidendi: The court emphasized the requirement for transfers to be made in public interest, with proper justification and approval as per the relevant office memorandums. It highlighted the lack of transparency and proper justification in the impugned transfer order, leading to its quashing.
Final Decision: The court quashed the impugned transfer order and granted liberty to the State respondents to take necessary steps in accordance with the law.
A.H. Saikia, J.
1. Heard Mr. A.M. Mazumdar, learned senior Counsel assisted by Mr. N. Hoque, learned Counsel for the petitioner, Mrs. M. Das, learned Government counsel appearing for the official respondents and Mr. D.R. Gogoi, learned Counsel for the respondent No. 5.
2. Keeping in view the issue raised in this writ petition and on close perusal of the material available on records as well as upon hearing learned Counsel for the parties, this Court is of the view that since the matter relates to transfer, no fruitful purpose would be served by keeping the writ petition pending for its disposal in due course and accordingly it is taken up for final disposal to day itself at the order stage.
3. Initially, by Notification dated 9.9.2005, the petitioner, an A.C.S. working as Senior Assistant Settlement Officer, was transferred from Goalpara Revenue Circle to be posted as Sub-Divisional Officer (Civil) Dhansiri, Sarupathar and accordingly he was released from his post at Goalpara vide order dated 23.9.2005. In compliance of the said transfer order, the petitioner joined at Dhansiri, Sarupathar in Golaghat District on 4.10.2005 (Annexure 3 to the writ petition).
4. While he was working there for two months, to his utter surprise, the impugned Notification dated 8.12.2005 (Annexure 6 to the writ petition) was issued by the Secretary to the Government of Assam, Personnel (A) Department transferring him from Dhansiri, Sarupathar to Parbatjhora in the same capacity of Sub-Divisional Officer (Civil). By the same order, on the other hand, the respondent No. 5 also was transferred to Dhansiri, Sarupathar to replace the petitioner as S.D.O.(Civil) therein in partial modification of his earlier order of transfer dated 9.9.2005 by which, the respondent No.5 was transferred from Khumtai Revenue Circle to Parbatjhora in the said capacity of S.D.O.(Civil).
5. For the sake of convenience and ready reference, the impugned order dated 8.12.2005 (Annexure-6) may be reproduced as under:
GOVERNMENT OF ASSAM DEPARTMENT OF PERSONNEL
(PEERSONNEL) ASSAM SECRETARIAT (CIVIL) : DISPUR
GUWAHATI-6.
ORDERS BYTHE GOVERNOR
NOTIFICATION
Dated, Dispur, the 8th December, 2005.
No. AAA. 5/2005/45 : In partial modification of this Department's Notification No. AAP. 17/2005/4-P, dated 9.9.2005, Shri Takheswar Muktiar, ACS is posted as Sub-Divisional Officer (Civil), Dhansiri, Sarupathar.
No. AAA. 5/2005/45-A : Shri Suresh Chandra Sarma, ACS, Sub-Divisional Officer (Civil), Dhansiri, Sarupathar is transferred and posted as Sub-Divisional Officer (Civil) Parbatjhora.
Sd/- Md. Alauddin.
Secretary to the Government of Assam,
Personnel (A) Department.
6. Mr. Mazumdar, learned senior Counsel has assailed the impugned order of transfer basically on two grounds namely (i) this impugned transfer order was passed not in public interest and (ii) it is a case of frequent transfer as the petitioner was transferred from his original place of posting by the impugned order immediately after two months of his joining without recording any proper justification or valid reason therein.
7. Referring to the Office Memorandums dated 4.2.2002 and 22.5.2005 (Annexed as Annexures 4 and 5 to the writ petition), the learned senior Counsel has contended that those memorandums were issued by the Government in the nature of policy decision with the aim t6 streamline the system of transfer and posting of Government officials so that they are not unnecessarily subjected to frequent transfer unless the public interest demands as well as to allay demoralization of the Government officers. According to him, those office memorandum expressly stipulate that though the transfer itself is an incidence of service, such transfer needs to be effected in public interest only. Further, in case of out of turn transfer, i.e., before completion of three years of service in a particular place, proper justification and grounds must be recorded in writing for such transfer and thereafter it must get the approval of the Hon'ble
