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KARDAK ETE
Jummar Ete S/o Late Kijum Ete – Appellant
Versus
State of Arunachal Pradesh – Respondent
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 power of transfer must be exercised bona fide and based on administrative exigency, not influenced by political authority.
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....
Transfer orders in public service must be made based on administrative necessity and public interest, and cannot be influenced by political pressure or arbitrary decisions.
Transfer of service - petitioner does not have a right to be posted to a particular place - No legal rights being violated by changing place - Transfer upheld.
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 transfer orders must comply with relevant statutory rules and should not be passed in lieu of punishment. The judgment also emphasizes the sig....
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
Transfers between government officers not similarly ranked are generally impermissible, but exceptions exist if justified by competence and administrative needs.
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