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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, BUDI HABUNG
Vineet Kumar Jawal, IFS (AGMUT 2006) – Appellant
Versus
Union of India represented by the Secretary, Govt of India, Ministry of Environment and Forest, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner challenges clarity of transfer order (Para 2) |
| 2. chronology of promotion and transfer orders (Para 3 , 4 , 6 , 7 , 8) |
| 3. court's obligation to uphold administrative orders (Para 5 , 9 , 10) |
| 4. petition's dismissal due to lack of merit (Para 11) |
| 5. final dismissal of the writ petition (Para 12) |
JUDGMENT :
M. Choudhury, J.
Heard Mr. S. Engti, learned counsel for the petitioner; Mr. M. Kato, learned Deputy Solicitor General of India [DSGI] for the respondent no. 1; and Mr. S. Tapin, learned Senior Government Advocate, Arunachal Pradesh for the respondent nos. 2 – 5.
2. Mr. S. Engti, learned counsel for the petitioner has submitted that by an Order dated 28.02.2025, a proper direction was not issued to the petitioner on the aspect whether the petitioner has to report at Dadra & Nagar Haveli and Daman & Diu [DNH&DD]. According to him, subsequent to the said Order, the petitioner has not been given any direction to report at his new post of CCF at DNH&DD.
3. From the materials on record, it has emerged that by an Order dated 30.12.2024, the Ministry of Environment, Forest and Climate Change, Government of India [GoI] promoted the petitioner, who is a Member of the In
Court upheld transfer orders for a promoted officer, ruling that service-related grievances should be handled by the Central Administrative Tribunal, not the High Court.
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.
A CRPF personnel's eligibility for transfer and relaxation of transfer conditions on medical grounds are determined by the Standing Order, and completion of prescribed tenures justifies transfer orde....
Administrative transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
Transfer orders must comply with statutory provisions and cannot be made arbitrarily in violation of service rules.
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....
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