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1996 Supreme(Gau) 195

GAUHATI HIGH COURT
H.K.Sema, J.
Ruokuolhoulie Angami -Appellant
Versus
State of Nagaland -Respondent
Civil Rule No. 16 (K) of 1996
Decided On : 27-08-1996

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

Transfer orders passed without assigning any reason and not supported by sufficient evidence are illegal and arbitrary.

Headnote:

TRANSFER OF OFFICERS - PUBLIC INTEREST - REASONS FOR TRANSFER - NECESSITY - NAGALAND SERVICE RULES, 1978 - RULE 10 - INTERPRETATION.

Fact of the Case:

The petitioner challenged the impugned order dated 14.2.96 posting the 3rd respondent as Assistant Commissioner of Taxes to Mobile Squad at Dimapur in supersession of the previous transfer order dated 5.12.95. The petitioner contended that the transfer orders were passed without assigning any reason and were therefore arbitrary and illegal.

Finding of the Court:

The court held that the transfer orders dated 14.2.96 and 5.12.95 were illegal and arbitrary as they lacked reasons and were not passed in public interest. The court further held that the petitioner had a legal right to continue in the post of Assistant Commissioner (MS) and that the issuance of a Rule and interim order would not preclude the competent authority from passing necessary posting orders in respect of the petitioner.

Issues: 1. Whether the transfer orders dated 14.2.96 and 5.12.95 were passed in public interest. 2. Whether the petitioner had a legal right to continue in the post of Assistant Commissioner (MS).

Ratio Decidendi: 1. The court held that the transfer orders dated 14.2.96 and 5.12.95 were not passed in public interest as they lacked reasons and were not supported by sufficient evidence. 2. The court held that the petitioner had a legal right to continue in the post of Assistant Commissioner (MS) as the transfer orders were illegal and arbitrary.

Final Decision: The court quashed and set aside the impugned order dated 14.2.96 and allowed the petition.

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 pleased to keep in abeyance the transfer of Shri Mi Ajem, Assistant Commissioner of Taxes, Dimapur and Shri K. Patton, Assistant Commissioner of Taxes, Dimpaur is transferred and posted to Mokokchung Zone with immediate effect."

4. The aforesaid order dated 5th December, 1995 has been assailed by one of the effected Govt servant in Civil Rule No. 162 (K) of 1995. This Court on 12.12.95 isued Rule and suspended the modification order dated 5.12.95 in terms of the following :

"This Court has held repeatedly that for cancellation, modification or kept in abeyance of he transfer order passed in public interest must be supported with sufficient reasons. From the impugned order dated 5.12.95, it clearly appears no reasons whatsoever has been assigned necessitating the passing of the modification order."

5. The present impugned order dated 14.2.96 which has been assailed in this writ petition has been passed again in supersession of the order dated 5.12.95. The impugned order dated 14.2.96 reads :

"The Governor of Nagaland is pleased to order the transfer and posting of Shri M. Ajem Tamir, Assistant Commissioner of Taxes to Mobile Squad at Dimapur with immediate effect.

The supersedes the previous transfer order issued vide No.FIN/TAX/23/75 dated 5.12.95."

6. From the facts as alluded above it clearly shows that within the span of almost 4 months, as many as 3 transfer order has been passed in respect of the 3rd respondent without assigning any reason. Therefore, it cannot be said to be in public interest.

7. From the impugned order dated 5th December, ^995 which has been assailed in another Civil Rule No. 162 (K) of 1995 and the order dated 14.2.96 which has been assailed in this civil rule, it clearly appears that no reasons has been assigned necessitating the modification or suprsession of the transfer order dated 17th October, 1995 passed in public interest.

8. This Court in a catena of decisions has held that, for the cancellation, modification or keeping in abeyance of the transfer order passed in public interest must be supported with sufficient reasons necessitating for passing such order. The view taken by this Court has rationale behind it. Once the transfer order is made in public interest, Court normally do not interfere unless the order is passed with malafide or against the statutory rules. The only way open to the aggrieved Govt servant is to file a representation before the competent authority to redress his grievances. But this Court insist that for cancellation/modification or keeping it in abeyance of such order must be supported with sufficient reasons, because transfer of officers are always made in public interest and after elaborate exercise as to who should be transfer where in the exigency of the administration. While processing the transfer o



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