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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE, BUDI HABUNG
Er Taban Tabing, Daughter of Late Talok Tabing – Appellant
Versus
State of AP – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Mr. P. D. Nair, learned counsel for the appellant. Also heard Mr. R.H. Nabam, learned Additional Advocate General, for the respondent Nos. 1 & 2 and Mr. R. Riba, learned counsel for the respondent No. 3.
2. This Intra-Court Appeal is directed against the order dated 06.05.2025, passed by the learned Single Judge, in WP(C) No. 544(AP)2024, by which, the writ petition challenging the order of transfer dated 27.10.2024, issued on 29.10.2024, by the Commissioner (Urban Affairs) transferring the appellant from Boleng, UD Division as Executive Engineer to the Office of the Chief Engineer, Urban Development & Housing (UD&H) Department at Itanagar as Surveyor of Works-I and in his place, the respondent No. 3, has been transferred, the learned Single Judge has declined to interfere with and dismissed the writ petition.
3. The case in brief is that the appellant is an Executive Engineer in Urban Development and Housing Department, Government of Arunachal Pradesh, who is serving at Boleng UD Division of the Department. The appellant was posted at Boleng, vide order, dated 12.10.2020, since then, he is serving at Boleng UD Division. Vide an order, dated 27.10.2024,
Transfers between government officers not similarly ranked are generally impermissible, but exceptions exist if justified by competence and administrative needs.
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....
Employees do not have an inherent right to transfer to specific posts; transfer is governed by administrative exigencies, and the State is empowered to decide appointments and transfers.
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 transfer orders must comply with relevant statutory rules and should not be passed in lieu of punishment. The judgment also emphasizes the sig....
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