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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) ITANAGAR PERMANENT BENCH : YUPIA
NANI TAGIA, J.
Shri Nyamo Rina, Son of Tunya Rina – Appellant
Versus
The State of Arunachal Pradesh - Respondent
WP(C)199(AP)2023
Decided on : 11-07-2023
Transfer - Education Department - Order No. 03/2023, Order No. 14/2021 - The court discussed the modification of the earlier order of transfer, dated 15.11.2022, issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar, in the case of the petitioner and Respondent No. 5. The court examined the U.O. Note, dated 28.02.2023, put up by the Member of Legislative Assembly, 29-Basar(ST) Assembly Constituency, and its influence on the impugned order, dated 20.04.2023, issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar. The court also considered the legal principles related to the judicial review of an order of transfer and posting.
Fact of the Case:
The petitioner, a Principal at a school, was transferred as the Deputy Director of School Education, but was later retained as Principal due to an order issued at the behest of a Member of Legislative Assembly.
Finding of the Court:
The court found that the U.O. Note, dated 28.02.2023, put up by the Member of Legislative Assembly, influenced the impugned order, and the court declined to interfere with the order, citing the absence of mala fide exercise of power or violation of statutory provision.
Issues: The issues revolved around the modification of the transfer order, the influence of the U.O. Note, and the petitioner's right to be posted at a particular place.
Ratio Decidendi: The court held that unless an order of transfer is shown to be issued in mala fide exercise of power or in violation of statutory provision, it cannot be interfered with.
Final Decision: The court dismissed the writ petition and vacated the interim order.
JUDGMENT :
Heard Mr. Dicky Panging, learned counsel for the petitioner. Also heard Mr. Tagum Jamoh, learned standing counsel, Education Department, Government of Arunachal Pradesh, appearing on behalf of State Respondents No. 1 to 4; and Mr. Tadup Tana Tara, learned counsel, appearing on behalf of private Respondent No. 5.
2. This writ petition is directed against the order, dated 20.04.2023, issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar, under Order No. 03/2023; whereby, the writ petitioner has been retained as Principal, Government Higher Secondary School, Kanubari, Longding District, in modification of the earlier order of transfer, dated 15.11.2022, issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar, whereby, he was transferred from the post of Principal, Government Higher Secondary School, Kanubari, Longding District, as the Deputy Director of School Education, Government of Arunachal Pradesh, Leparada.
3. The facts leading to filing of the present writ petition by the petitioner, briefly stated, are as follows:
The petitioner who has been working as a Principal, Government Higher Secondary School, Kanubari, Longding District, since 2013, was transferred as the Deputy Director of School Education, Government of Arunachal Pradesh, Leparada, vide the order of transfer, dated 15.11.2022, issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar, under Order No. 14/2021, indicating that he will join in the last part of April, 2023.
By the aforesaid order of transfer, dated 15.11.2022, issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar; the private respondent No. 5 who was working as a Deputy Director of School Education, Government of Arunachal Pradesh, Seppa, East Kameng District, was also transferred as a Principal, Dani Kunia, Government Higher Secondary School, Ziro.
According to the petitioner, pursuant to the order of transfer, dated 15.11.2022, issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar, he was released vide order, dated 19.04.2023, issued by the Deputy Commissioner, Longding District, Longding, w.e.f. 19.04.2023, enabling him to join at his new place of posting as Deputy Director of School Education, Government of Arunachal Pradesh, Leparada.
Pursuant to that, the petitioner had joined at Leparada, as the Deputy Director of School Education, Government of Arunachal Pradesh, Leparada, on 20.04.2023, by submitting his joining report to the Deputy Commissioner, Leparada.
While the petitioner had joined as the Deputy Director of School Education, Government of Arunachal Pradesh, Leparada, on 20.04.2023, on the same date; the impugned order, dated 20.04.2023, was issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar, whereby, he has been retained as the Principal, Government Higher Secondary School, Kanubari, Longding District, and the private respondent No. 5 who was by then working as the Principal, Dani Kunia Government Higher Secondary School, Ziro, has been posted as the Deputy Director of School Education, Government of Arunachal Pradesh, Leparada.
According to the petitioner, the impugned order, dated 20.04.2023, has been issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar, on the basis of the U.O. Note, dated 28.02.2023, put up by the Member of Legislative Assembly, 29-Basar(ST) Assembly Constituency, which was acted upon by the competent State authorities when the same was put up before it.
The petitioner, therefore, contends that the impugned order, dated 20.04.2023, issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar, in modification of the earlier order of transfer, dated 15.11.2022, cannot be sustained in law as the same has been issued at the behest of the Member of Legislative
The judicial review of an order of transfer and posting requires the presence of mala fide exercise of power or violation of statutory provision for interference.
Transfer orders must comply with established policies, especially regarding employees nearing retirement, and cannot be influenced by political interference.
A transfer order made in public interest must be supported with sufficient reasons, and the absence of reasons makes the order arbitrary and illegal.
The main legal point established in the judgment is that the power of transfer and posting should be exercised honestly, bona fide, and reasonably, based on administrative exigency and public interes....
Point of Law : Impugned directive of Election Commission is valid as it does not discriminate between different officers but a uniform directive has been issued for all officers who have completed fo....
Transfer orders in government service must be made in public interest and administrative exigencies, and modifications to such orders require valid justification; courts will not interfere unless the....
Transfer orders are a condition of service and can be modified in public interest without requiring reasons in the order.
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