IMPORTANT POINT
The power of transfer must be exercised bona fide and based on administrative exigency, not influenced by political authority.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. K. Lollen, learned counsel for the petitioner. Also heard Mr. R.H. Nabam, learned Additional Advocate General for the State respondents No. 1 to 3 and Mr. M. Batt, learned counsel for the private respondent No. 4.

2. Challenge made in this writ petition is to the impugned modified transfer and posting order vide No. SWRD/E-22/2015/2107/113, dated 28.10.2024, issued by the Secretary (WRD), Govt. of Arunachal Pradesh, Itanagar, whereby in partial modification of earlier transfer order dated 08.10.2024, the petitioner has been transferred and posted to Kharsang WRD Sub-Division, Changlang District, and the private respondent No. 4 has been retained for the second time at Kanubari WRD Sub-Division as an Assistant Engineer in place of the petitioner.

3. The case of the petitioner, in brief, is that the petitioner is presently serving as Assistant Engineer in the Water Resource Development Department, Govt. of Arunachal Pradesh and he was last posted at WRD Sub-Division, Longding vide order dated 08.07.2022. Thereafter, on completion of normal tenure, the petitioner was transferred as Assistant Engineer, WRD Sub-Division, Kanubari, Longding District and the respondent No. 4 was transferred to Office of the SE, Daporijo Circle as AE (P&D). Pursuant thereto, the petitioner has joined at WRD Sub-Division, Kanubari on 09.10.2024.

4. It is contended that even after joining of the petitioner, the private respondent No. 4 was reluctant to hand over the charge to the petitioner. When the respondent No. 4 has refused to hand over the charge, the petitioner vide intimation letter dated 14.10.2024 and certificate of transfer of charges, assumed ex-parte charge of Assistant Engineer at WRD Sub-Division Kanubari in terms of the Office Memorandum dated 13.02.2007, which entailed automatically released of the private respondent No. 4 from the office of the WRD Sub-Division Kanubari.

5. It is further contended that while the petitioner was discharging as Assistant Engineer at WRD Sub-Division Kanubari, vide the impugned order dated 28.10.2024, the Secretary (WRD), Govt. of Arunachal Pradesh has issued the impugned transfer order, purportedly, in partial modification of earlier transfer dated 08.10.2024, whereby the petitioner is sought to be transferred to Kharsang Sub-Division, Changlang District and the private respondent No. 4 is sought to be retained for the second time at Kanubari Sub-Division as Assistant Engineer.

6. The petitioner contends that on the information received through RTI, it is clear that the retention of the respondent No. 4 for successive time as Assistant Engineer, Kanubari WRD Sub-Division is on the basis of the two U.O. Notes dated 21.07.2024 and 08.10.2024 issued by the local MLA and the Hon’ble Minister, Agriculture, Arunachal Pradesh.

7. It is submitted by Mr. K. Lollen, learned counsel for the petitioner, that as per the office file noting and disposition list of Assistant Engineers under WRD as on 11.09.2024, the private respondent No. 4 has been posted as Assistant Engineer at Kanubari Sub-Division on 01.04.2015. Thereafter, the petitioner has got himself retained at Kanubari WRD Sub-Division vide order 02.08.2023 on the basis of U.O. Note issued by the said local MLA. The file noting clearly reflects that respondent authorities have made an observation that further retention of the private respondent No. 4 may invite legal complicacy. Even after the said observation, the impugned order dated 28.10.2024 has been issued retaining the private respondent No. 4 and arbitrarily transferring out the petitioner, which is not sustainable as same is done without any reason but only to accommodate the private respondent No. 4.

8. Mr. Lollen, learned counsel submits that the impugned modified transfer order is actuated with arbitrariness and mala fide as the same has been passed at the behest of local MLA and only to oust the petitioner from Kanubari WRD Sub-Division, without there being any public