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.

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 Indian Forest Service, to the post of Chief Conservator of Forest w.e.f. 01.01.2025. After the promotion, the Ministry of Environment, Forest and Climate Change, GoI issued another Order dated 28.02.2025 transferring the petitioner who is from the AGMUT Cadre : 2006, from the State of Arunachal Pradesh to Dadra & Nagar Haveli and Daman & Diu [DNH&DD]. Subsequent to the Order dated 28.02.2025, the petitioner was still working in the State of Arunachal Pradesh despite the promotion order and the transfer order.

4. The Ministry of Environment, Forest and Climate Change, GoI had thereafter, wrote the Chief Secretary, Government of Arunachal Pradesh that the transferred officer, that is, the petitioner should be considered stand relieved to joint his new place of posting with effect from the date of issuance of the Order dated 28.02.2025. It was on 16.04.2025, the Department of Environment, Forest and Climate Change, Government of Arunachal Pradesh passed an Order under the hand of the Principal Chief Conservator of Forest & Head of Forest Force, Nagaland whereby the petitioner had been relieved from the post of Conservator of Forest & Field Director, Namdapha National Park & Tiger Reserve, Miao, which post he was holding under the Department of Environment, Forest and Climate Change, Government of Arunachal Pradesh. It was mentioned in the Order dated 16.04.2025 that the relieving order would take effect from 17.04.2025 to enable the petitioner to join the DNH&DD in the joint AGMUT Cadre on promotion.

5. The said Order dated 16.04.2025 was initially put to challenge by the petitioner before this Court by way of a writ petition, W.P.[C] no. 179/2025. On 22.04.2025, notice was issued to the respondents with an observation that the petitioner could file a representation before the authorities highlighting his difficulties regarding his immediate release. On the interim prayer, the Court in its Order dated 22.04.2025, had observed that the prayer for interim relief was not tenable. Finally, when the writ petition, W.P.[C] no. 179/2025 was listed on 28.05.2025, the Court having regard to the text and tenor of the relieving Order dated 16.04.2025, observed that since the petitioner is an All India Service Officer, he should raise his service related grievances before the jurisdictional Central Administrative Tribunal [CAT] observing that this Court is not the court of first instance for the petitioner to raise his service related grievances. By an Order dated 28.05.2025, the petitioner was permitted to withdraw the writ petition, W.P.[C] no. 179/2025 with a liberty to approach the appropriate forum, if so advised.

6. Thereafter, the petitioner approached the CAT, Guwahati Bench by way of an original application, O.A. no. 045/138/2025. In O.A. no. 045/138/2025, the