Hibu Tama vs State of Arunachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Gau) 572

GAUHATI HIGH COURT
Nani Tagia, J.
Hibu Tama - Appellant
Versus
State of Arunachal Pradesh - Respondent
Writ Petition (Civil) No. 189 of 2020
Decided On : 26-08-2020

Advocates Appeared:
K. Tama, Advocate, K. Ete, Advocate, G. Tarak, Advocate, Sc, Advocate, T.T. Tara, Advocate

Headnote:(A) Constitution of India - Article 226 - Transfer of government employees - The petitioner challenged his transfer from Superintending Engineer to Senior Surveyor based on political recommendations, arguing violation of O.M. dated 14-01-2020 which prohibits such recommendations - Transfer deemed illegal as it was made to accommodate a less qualified officer. (Paras 1-66)

(B) Transfer orders - The court emphasized the employer's discretion in transfers; however, it clarified inter-se transfers between employees of differing statuses or substantive posts are impermissible. (Paras 60-65)

Facts of the case:
The petitioner was transferred based on U.O. notes from political figures, alleging violation of government orders against such recommendations. The petitioner claimed to have completed the necessary tenure, while his replacement was a functional Superintending Engineer, not a regular one. (Paras 2-4, 32-36)

Findings of Court:
The court concluded that the transfer order was a colorable exercise of power, violating established government regulations and thus, was set aside. (Paras 19, 64-65)

Issues: The main questions included whether the transfer was proper given the political influences, and whether officers of differing status could be interchanged in transfer orders. (Paras 1-48)

Ratio Decidendi: The court held an employee's transfer should not infringe upon statutory rules or be made under mala fide conditions, prioritizing merit and no political influence. Despite completed tenure, recommendations from political figures rendered the transfer unlawful. (Paras 49-58, 64)

Result: Transfer order quashed; petition allowed.

Table of Content
1. transfer process and its basis. (Para 2 , 3)
2. challenges against transfer orders. (Para 4 , 5)
3. equitable treatment in transfer recommendations. (Para 6 , 7 , 8 , 9)
4. petitioner's status compared to respondent no. 2. (Para 11 , 12)
5. legal standards for employee transfer. (Para 13 , 14 , 15)
6. importance of adhering to administrative guidelines. (Para 30 , 31 , 34)
7. hierarchy and personnel suitability in transfer decisions. (Para 39 , 40 , 41 , 42)
8. court's decision to quash the transfer order. (Para 64 , 65)

JUDGMENT

Nani Tagia, J. - The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the Advocates, the Staffs and the presiding Judge.

Heard Mr. K. Tama, learned counsel for the petitioner. Also heard Mr. K. Ete, learned Senior Additional Advocate General, Arunachal Pradesh assisted by Mr. G. Tarak, learned Standing Counsel for the Rural Works Department representing respondent No. 1 and Mr. T. T. Tara, learned counsel for the respondent No. 2.

2. This writ petition under Article 226 of the Constitution of India is directed against the order, dated 29.06.2020 issued by the Secretary (RWD), Govt. of Arunachal Pradesh, Itanagar, vide Memo No. SRWD-44/2002/618, by which order, the petitioner, who is a Superintending Engineer working at Rural Works Circle, Pasighat, has been transferred and posted as Senior Surveyor of Works(SSW), in the office of the Chief Engineer, Rural Works Department (Eastern Zone), Itanagar, and in his place, the respondent No. 2, namely, Shri Renia Tamin, working as SSW, Chief Engineer, Rural Works Department (Eastern Zone), Itanagar, has been posted as Superintending Engineer, Rural Works Circle, Pasighat. Also, put to challenge is the order No. SRWD-44/2002/633, dated 03.07.2020, issued by the Commissioner (RWD) (1st Link Officer), whereby the representation submitted by the petitioner against his transfer had been rejected. The petitioner also seeks a direction to the respondent for disposal of the representation, dated 06.07.2020, on its own merit.

3. The facts leading to filing of the present writ petition, may, briefly, be stated as follows:

(i). It is the case of the petitioner that while he was working as Superintending Engineer at RWC, Pasighat, the process for transfer and posting of the respondent No. 2 started with an Un-Official Note, being, UO No. MP(LS)/ARUN(E)/(TG)/01/2019, dated 12.12.2019, written by the Member of Parliament(Lok Sabha), East Parliamentary Constituency & President BJP, Arunachal Pradesh, in the following manner, which has been reproduced hereinbelow:

Office of the Member of Parliament( Lok Sabha)

East Parliamentary Constitutency

Arunachal Pradesh

NOTE

It is given to understand that Shri Hibu Tama, SE, RWD, Pasighat Circle is due for transfer anytime as he has already completed his normal tenure. In this connection, undersigned has received request from the public of my constituency for posting of one Shri Renia Tamin, SSW, Eastern Zone, RWD, Itanagar as SE of Pasighat RWD circle in place of Shri Hibu Tama.

It is reliably learnt that Shri Renia Tamin, is a competent officer with a good service track record and hence he would make a suitable officer to replace the incumbent SE, RWD, Pasighat Circle. He has the required seniority as well as the right field experience to carry forward the work of RWD in Pasighat circle competently and effectively.

Hence, in the light of above reasons, Hon'ble Minister, RWD, Arunachal Pradesh is requested to kindly post Shri Renia Tamin, as SE, RWD, Pasighat circle in public interest.

(Tapir Gao),

Member of Parliament (Lok Sabha)

East Parliamentary Constituency

& President BJP, Aruanchal Pradesh "

(ii). A series of identical notes for posting of the respondent No.

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Judicial Analysis

2020 Supreme(Gau) 572

GAUHATI HIGH COURTNani Tagia, J.Hibu Tama - AppellantVersusState of Arunachal Pradesh - RespondentWrit Petition (Civil) No. 189 of 2020Decided On : 26-08-2020

Cases Referred (21)

Judicial Analysis

GAUHATI HIGH COURT
Nani Tagia, J.
Hibu Tama - Appellant
Versus
State of Arunachal Pradesh - Respondent
Writ Petition (Civil) No. 189 of 2020
Decided On : 26-08-2020