A transfer order made in public interest must be supported with sufficient reasons, and the absence of reasons makes the order arbitrary and illegal.

JUDGMENT

Songkhupchung Serto, J. - Heard Mr. D. Panging, learned counsel for the petitioner and also heard Mr. T. Pertin, learned counsel appearing for the private respondent No.5 and Mr. D. Soki, learned Addl. Sr. Government Advocate appearing on behalf of the State respondents.

2. Vide order No. SPWD-198/2013)Pt)/225-32, dated 02.09.2020, the petitioner who is an Assistant Engineer and was posted at Roing, PWD Sub-Division was transferred to Bilat PWD Sub-Division and the private respondent i.e. the respondent No.5 who is also an Assistant Engineer and was posted at Bilat, PWD sub-Division was transferred to Roing, PWD Sub-Division. However, on 04.09.2020, vide order No. SPWD198/2013(Pt)/243-50, the transfer order was kept in abeyance. Being aggrieved by the later order which kept the transfer order in abeyance, the petitioner filed the instant writ petition. On the day the writ petition was moved i.e. 10.09.2020, in the interim, operation of the impugned order was suspended till the returnable date of the notice issued. In the meanwhile, the private respondent filed an I.A(C) No. 116(AP)/2020 praying for recalling or vacating or modifying the interim order dated 10.09.2020, passed by this Court. Since the pleadings are complete and all the parties are ready for hearing both the writ petition and the connected I.A were heard together and are being disposed by this common judgment and order.

3. The case of the petitioner as submitted by Mr. D. Panging, learned counsel is that, after the issuance of the transfer order dated 28.08.2020 signed on 02.09.2020 he was immediately released from the establishment of PWD, Roing Sub-Division-II, vide order dated 03.09.2020 and was directed to report to the Executive Engineer, Pasighat Division, PWD, Arunachal Pradesh for further duties. Accordingly, he handed over the charge of the Assistant Engineer, Roing PWD Sub-division by signing the certificate of transfer of charge under Form GFR-33 and proceeded to his new place of posting and submitted his joining report to the Executive Engineer, PWD Pasighat Division on 04.09.2020. But to his utter shock he came to know that the transfer order has been modified. Therefore, he rushed down to the Office of Commissioner, PWD, Government of Arunachal Pradesh at Itanagar to enquire about the same and there he was furnished with a copy of the order dated 28.08.2020 but signed on 04.09.2020 by which the transfer order was kept in abeyance till 31.03.2021. This order however did not mention any reason whatsoever for keeping in abeyance the transfer order which was issued in public interest. Therefore, it is arbitrary and illegal. It is further submitted that the transfer order was issued in public interest as such, any order issued thereafter modifying or recalling or resigning the same must also be in public interest and the same should be reflected in the order. But in this case, since the impugned order did not mention any reason which would indicate that it was issued in the public interest the same lacks legal sanctity, therefore, interference of this Court is called for.

The learned counsel also submitted that the Office note relating to the issuance of the impugned order which was obtained under RTI did not contain any reason for issuing the same, therefore, action of the respondents in issuing the impugned order has no justification whatsoever.

Mr. Panging in support of his submissions, referred to three judgments passed by this High Court;

(i) Ruokuolhoulie Angami-versus- State of Nagaland & Others,1997 1 GLT 140, para-8, 9 & 10. The relevant paragraphs are reproduced here below;

"8). This Court in a catena of decision has held that, for 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 rationable behind it. Once the transfer order is made in public interest. Court normal do not interfere