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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Nabajyoti Mishra, S/o Anil Kr. Mishra – Appellant
Versus
Assam State Ware Housing Corporation – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. C Bhattacharyaa, learned counsel for the petitioner and Mr. R Sekhar, learned counsel appearing on behalf of the respondent Nos. 1, 2 & 3.
2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the order dated 14.02.2025, whereby he was transferred from the post of Deputy Manager, Finance, Head Officer, F&A to Assam State Warehousing Corporation, Silchar center, in order to perform the functions of accounting matters of the Silchar and Karimganj centers.
3. The brief facts of the case are that the petitioner was appointed on 10.08.2017 as Deputy Manager, Finance at the Accounts Branch of the Head Office of the Assam State Warehousing Corporation on contractual basis.
4. Thereafter, the respondent Assam State Warehousing Corporation by order dated 10.08.2017 engaged the service of the petitioner as Deputy Manager Finance (Contractual) in the Office of the Managing Director, Assam State Warehousing Corporation, Guwahati.
5. Thereafter, the service of the petitioner was regularized by order dated 17.02.2021. In the meantime, by order dated 14.02.2025, the Managing Director of the Assam State Wareh
A transfer order is valid if issued by the competent authority and is an administrative necessity, barring cases of mala fides or arbitrariness.
The main legal point established in the judgment is that the issue of transfer is a prerogative of the employer, and the courts cannot interfere with transfer orders made on administrative grounds un....
Transfers of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
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....
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
Transfer orders within government service are generally not subject to judicial review unless proven malafide or in violation of statutory provisions.
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