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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HON'BLE MR. JUSTICE BUDI HABUNG
Smti. N. Mongyung Phom, Assistant Professor- Petitioner
Versus
The State Of Nagaland Represented By The Chief Secretary And Ors. – Respondents
WP(C)/282/2022
Decided On : 25-07-2024
TRANSFER - Government Service - No specific Act Section cited - The court discussed the principles governing transfer orders in public service, emphasizing that such orders should be made in public interest and administrative exigencies. The court highlighted that modifications to transfer orders must be supported by valid reasons, and arbitrary changes without justification are not permissible. The court concluded that the second transfer order was justified based on humanitarian grounds and did not find evidence of malafide intent.
Fact of the Case:
The petitioner, an Assistant Professor at Wangkhao College, challenged a transfer order that moved him from Dimapur Government College to Sao Chang College within a month of his initial transfer. The petitioner argued that the second order was arbitrary and lacked justification, while the state defended the order based on humanitarian grounds for the respondent No. 4, who had a child with special needs.
Finding of the Court:
The court found that the petitioner failed to prove malafide intent or violation of statutory rules regarding the transfer order. The modification was deemed justified based on the humanitarian grounds presented by the respondent No. 4, and the court declined to interfere with the transfer.
Issues: Whether the second transfer order was arbitrary and lacked justification, and whether it was made with malafide intent.
Ratio Decidendi: The court reiterated that transfer orders in public service are at the discretion of the competent authority and should not be interfered with unless proven to be made in bad faith or in violation of statutory provisions. The court emphasized the importance of public interest and administrative exigencies in such decisions.
Final Decision: The writ petition was dismissed, allowing the petitioner to make a fresh representation for consideration regarding his retention at Dimapur Government College.
JUDGMENT :
HON'BLE MR. JUSTICE BUDI HABUNG
Heard Mr. Wati Jamir, learned counsel for the petitioner. I have also heard Mr. Moa Imchen, learned Senior Government Advocate for the State respondents and Mr. Moa Jamir, learned counsel for the respondent No. 4.
2. By this writ petition, the petitioner assailed the impugned transfer order dated 09.11.2022, in respect of serial no. 4 and 5 pertaining to the petitioner and the respondent no. 4 respectively.
3. The petitioner who was working as Assistant Professor in English Department being posted at Wangkhao College, Mon. While serving as such, by an order No. THE /HE/TRANSFER/13-8/2022 dated 10.10.2022 altogether 28 Associate Professors/ Assistant Professors under the Department has been transferred at different colleges. In the said transfer order, the petitioner’s name has been reflected at serial no. 25 indicating that he has been transferred from Wangkhao College, Mon to Dimapur Government College against Smti. Shuiching Konyak. By the said order Smti. Shuiching Konyak (respondent no. 4) has been transferred from Dimapur Government College to Wangkhao College, Mon against the petitioner. The said transfer and posting of officers has been initiated by way of general reshuffling in the department and the same transfer order dated 10.10.2022 was issued in public interest and administrative exigencies.
4. It is submitted that in view of the petitioner being transferred after serving for about 13 years the farewell program was also held on 14.10.2022 at Wangkhao College, Mon and her families also shifted to Dimapur to settle in the new place of posting. However, although the condition of the transfer clearly provides that handing over/taking over should be taken within 10 days from the date of the order, the Principal of Wangkhao College, Mon refused to issue release order stating that there is a specific instruction from the higher authorities not to issue release order to the petitioner due to which the petitioner could not join the new place of posting in terms of the order dated 10.10.2022.
5. It is further submitted that while the matter thus situated, the respondent authority issued another transfer order No. THE/HE/TRANSFER/13-8/2022/941 dated 09.11.2022 within a month from the issuance of the first transfer order dated 10.10.2022. By the said second transfer order dated 09.11.2022, purportedly issued in public interest, the petitioner has been transferred from Dimapur Government College to Sao Chang College, Tuensang and the case of the respondent No. 4 has been ordered to be retained at Dimapur Government College. No any reason has been assigned in the said impugned order for modification of the earlier transfer order.
6. Aggrieved by the impugned second order dated 09.11.2022, transferring the petitioner in two different colleges within a period of one month without assigning any reason, the petitioner on 14.11.2022 submitted a representation and requested for cancellation/revoking of the second transfer order dated 09.11.2022 in respect of the petitioner. However, no any positive response was forthcoming. As such, having no alternative, the petitioner has filed this writ petition praying for setting aside and quashing of the said impugned order dated 09.11.2022 (Annexure-C) to the writ petition in respect of serial no. 4 and 5 pertaining to the petitioner and the respondent no. 4 respectively.
7. The learned counsel for the petitioner submitted that it is well settled principle of law that modification/cancellation or keeping an abeyance of transfer order must be supported with sufficient reasons as such transfers are always made for public interest and after elaborate exercise as to who should be transferred where in the exigency of the administration. Therefore, if a transfer order made in public interest is allowed to be taken away by another cryptic order of modification/cancellation or keeping in abeyance of the transfer order without assigning any reasons, it ceases to be in
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