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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Nalo Nyitan, Son of Late Tapun Nyitan – Appellant
Versus
Arunachal Pradesh Rural Bank, Represented By The Chairman, Arunachal Pradesh Rural Bank – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. V. Jamoh, learned counsel for the petitioner. Also heard Mr. D. Panging, learned counsel for the respondents No.1 and 2 and Ms. D. Tamuk, learned counsel for the respondent No.3.
2. This writ petition has been filed challenging the transfer and posting order dated 31.05.2024, issued by the General Manager, (OPS & Admin), Arunachal Pradesh Rural Bank, whereby, as many as 35 officers, including the petitioner, have been transferred. The petitioner is sought to be transferred and posted from Pasighat branch to Daporijo Branch.
3. The case, in brief, is that the petitioner who was working in the capacity of Branch Manager (MM-II), Arunachal Pradesh Rural Bank at Branch, Aalo vide order dated 14.06.2022 was transferred and posted to Pasighat Branch and had joined on 17.06.2022.
4. The respondent authorities have issued a common transfer order No.HR/1310 dated 31.05.2024, whereby, as many as 35 officers/officials, including the petitioner, have been transferred, wherein, the petitioner is sought to be transferred from Pasighat branch to Daporijo Branch and the respondent No.3 has been transferre
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
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....
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....
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....
Management has the discretion to transfer employees based on organizational needs, and courts cannot interfere in such administrative decisions unless there is a clear violation of policy.
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
The Transfer Policy for lady officers allows for transfers within the same zone without invoking the three-year tenure requirement, as this applies only to inter-zonal transfers.
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
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