IMPORTANT POINT
Transfer of service is a prerogative of the authorities, and judicial intervention is limited unless mala-fides are established.

JUDGMENT :

(Robin Phukan, J.)

Heard Mr. N. Sarma, learned counsel for the petitioner and Mr. S. Tapin, learned Senior Government Advocate for the respondent Nos. 1, 2 and 4. Also heard Mr. T. Tagum, learned Standing Counsel for the respondent No. 3, Health Department.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Sri Wangdam Jomoi, has prayed for setting aside and quashing the order dated 23.07.2024, issued by the respondent No. 2, Deputy Commissioner, Changlang, vide No. C/ESTT-210/88/(Vol-IV)/3845-49 (Annexure-11) and to allow the petitioner to join the Office of the District Medical Officer, Changlang, respondent No. 3, in terms of the order dated 22.07.2024, issued by the respondent No. 2, vide No. C/ESTT-210/88/(Vol-IV)/89/3707-711 (Annexure-6) .

3. The background facts, leading to filing of the present petition, are briefly stated as under:

“The petitioner is serving as Upper Division Clerk (UDC) in the Office of the Deputy Commissioner, Changlang/respondent No. 2. On 16.07.2024, he had filed one representation to the respondent No. 2, requesting to transfer him to the Office of the District Medical Officer (DMO), Changlang/respondent No. 3 on medical ground. It is the pleaded case of the petitioner that he has been suffering from Tuberculosis and he was strictly advised to remain on medication for few months. Upon such representation, the Deputy Commissioner, Changlang/respondent No. 2 had issued an order, vide No. C/ESTT-210/88/(Vol-IV)/89/3707-711, dated 22.07.2024, transferring the petitioner from the Office of the Deputy Commissioner, Changlang to the Office of the DMO, Changlang and in his place, the respondent No. 5 was transferred from the Office of the respondent No. 3 to the office of the respondent No. 2, and thereafter on 22.07.2024, vide order No. C/ESTT/PF/WJ/2024/3712-714, the respondent No. 2 had released him from his office. On such release, the petitioner had submitted his joining report before the DMO, Changlang/respondent No.3. However, the respondent No. 3 did not accept his joining report and issued a letter, bearing Memo No. CMD/Estt-1/FS/2024-25, dated 23.07.2024, informing the respondent No. 2 about non-acceptance of the joining report of the petitioner, without assigning any reason. Thereafter, the petitioner made a representation, dated 24.07.2024, before the respondent No. 2, intimating him about the non-acceptance of his joining report by the respondent No. 3 and prayed for confirming his transfer to the Office of the respondent No. 3 and to give effect of the transfer order dated 22.07.2024. Thereafter, the petitioner was served with the impugned order dated 23.07.2024, vide No. C/ESTT-210/88/(Vol-IV)/3845-49, whereby his transfer order, issued on 22.07.2024, was cancelled with immediate effect and he was directed to join the Office of the respondent No. 2 immediately. It is also the case of the petitioner that the impugned order, dated 23.07.2024, whereby the transfer order of the petitioner was cancelled, is mala-fide and issued arbitrarily, at the whim and caprice of the respondent authorities, particularly respondent Nos. 2 and 3 and therefore, the petitioner has approached this Court by filing the present petition.”

4. The respondent Nos. 2 and 4 have filed their affidavit-in-opposition. In the said affidavit, they have taken a stand that reshuffling or adjustment of the staff within the Office is routine affairs and is conducted solely in the interest of efficient administration and public service by exercising its discretionary power, and the reshuffling order dated 22.07.2024, was issued in public interest and after due consideration of the relevant facts with the objective of ensuring smooth and efficient functioning of various departments and branches within the Office of the Deputy Commissioner, Changlang. It is also the contention of the respondent Nos. 2 and 4 that on the basis of administrative exigencies, the petitioner’s transfer orde