An authority lacking competence to issue a transfer order, especially in contravention of a standing directive, renders the order subject to judicial quashing under Article 226.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Ms. M.K. Brown, the learned counsel appearing on behalf of the petitioner. Mr. B. Gogoi, the learned Additional Advocate General, Assam appears on behalf of the respondent Nos. 1 to 3 and Mr. A. Sarmah, the learned counsel appears on behalf of the respondent No. 4.

2. The present writ petition has been filed challenging the transfer order dated 14.11.2025 whereby the petitioner was transferred from BPHC-Chamata to BPHC- Mukalmua and the respondent No. 4 was transferred from BPHC-Mukalmua to BPHC-Chamata.

3. The case of the petitioner herein is that the said transfer order is contrary to the order dated 30.08.2022 issued by the Mission Director, National Health Mission, Assam wherein it was categorically mentioned that employees of the National Health Mission, Assam at district and sub-district levels shall not be transferred or attached (including allowed to work) by the Joint Director of Health Services or any subordinate officers at the district or sub-district level.

4. The learned counsel appearing on behalf of the petitioner submitted that taking into account that the Mission Director, National Health Mission, Assam, is the highest authority in the State, the Joint Director of Health Services could not have exercised jurisdiction to transfer the petitioner vide the impugned order dated 14.11.2025. The learned counsel further submitted that the petitioner has 8 (eight) months of service remaining and that the respondent No. 3 not only disregarded the standing order dated 30.08.2022, but also did not take into consideration that the petitioner had just 8 (eight) months of service left. The learned counsel further submitted that not only that, the respondents have also not taken into consideration that the petitioner had various ailments, and as such, at this fag end of his service career, the petitioner ought to have been retained in the said office till his retirement.

5. This Court, pursuant to the filing of the instant writ petition issued notice, however, no interim order was passed, taking into account that the writ petition was filed 2 (two) months after the transfer order dated 14.11.2025. Be that as it may, this Court enquired with the learned counsels appearing on behalf of the respondents, as to whether, the impugned transfer order so passed was contrary to the order dated 30.08.2022 issued by the Mission Director, National Health Mission, Assam.

6. When the matter was taken up on 02.02.2026, a set of instructions was placed before this Court assigning the reasons for transferring the petitioner.

7. The first reason assigned was that there was a direction issued by the Minister to transfer the petitioner as the same is apparent from the office note dated 14.11.2025.

The second reason assigned was that a complaint was made on 10.10.2025 by certain public. However, nothing was placed before this Court to show that based upon such complaint there was any satisfaction of the authorities concerned that the complaint so submitted on 10.10.2025 had any substance.

8. This Court further takes note of that in the meantime, as there was no stay order passed, the respondent No. 4 joined his place of posting at BPHC- Chamata taking unilateral charge.

9. This Court further heard the matter on 16.02.2026 and taking into account that the petitioner had submitted a representation which remained un-redressed, an opportunity was given to the Respondent Authorities to decide the said representation.

10. Today, when the matter is being taken up, Mr. B. Gogoi, the learned Additional Advocate General has placed a set of instructions in connection with the representation submitted by the petitioner. The said instruct