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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Mori Riba, Son of Late Tamo Riba – Appellant
Versus
State of AP – Respondent
| Table of Content |
|---|
| 1. writ petition challenges transfer orders. (Para 1 , 2 , 3) |
| 2. transfer orders must adhere to statutory requirements. (Para 4) |
| 3. petitioner's claims of procedural violations. (Para 6 , 7 , 8 , 9) |
| 4. state's defense on executive discretion. (Para 10 , 11 , 12) |
| 5. analysis of factual disputes. (Para 13 , 14 , 15 , 16) |
| 6. court critiques transfer order rationale. (Para 17 , 18) |
| 7. court identifies illegalities in transfer. (Para 19) |
| 8. writ petition granted; orders set aside. (Para 20 , 21 , 22) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The instant writ petition under Article 226 of the Constitution of India has been filed challenging inter alia an order of transfer dated 24.12.2024 and a subsequent speaking order dated 21.02.2025 whereby the representation of the petitioner has been rejected.
2. The case in hand has a chequered history.
3. The petitioner herein claims to be a Selection Grade Officer in the Arunachal Pradesh Forest Office, currently holding the post of Deputy Conservator of Forest (DCF). Pursuant to an order dated 14.02.2024, the petitioner was transferred from the Office of the Divisional Forest Officer (DFO), Mehau, to the Office of the DFO, Sagalee, where he duly jo
Transfer orders must comply with statutory provisions and cannot be made arbitrarily in violation of service rules.
Transfer of government employees is permissible based on administrative exigencies, provided there is no infringement of legal rights or prejudicial effect on the employee's service conditions.
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....
Government servants holding transferable posts have no vested right to remain posted at a particular place, and court interference in transfer orders is limited to cases of violation of mandatory sta....
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....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
Transfers of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
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